Legal Opinion

Disbrow v. Disbrow

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 10 opinions

' Appeal "by the. defendants, Griffin B. Disbrow, individually and as a trustee, and others, from an- interlocutory judgméht of the Supreme Court in favor of the plaintiff, entered in the office of the- clerk of the county of Mew York on the 2d day of March, 1898, nuno pro tuno as of the 21st day of Décember, 1897, upon the decision of the court, rendered after a trial at the Mew York Special Term, removing the defendants.

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' Appeal "by the. defendants, Griffin B. Disbrow, individually and as a trustee, and others, from an- interlocutory judgméht of the Supreme Court in favor of the plaintiff, entered in the office of the- clerk of the county of Mew York on the 2d day of March, 1898, nuno pro tuno as of the 21st day of Décember, 1897, upon the decision of the court, rendered after a trial at the Mew York Special Term, removing the defendants. Griffin B. Disbrow and George A. Disbrow, as trustees, and directing an accounting, and also from a final judgment in favor of the plaintiff entered in said clerk’s office…

1Opinion of the Court

McLaughlin, J.:

This action was brought to remove the defendants Griffin and 'Georgé Disbrow, as trustees, and for an accounting by thém, and to Lave a trustee appointed ih their place.

Prior to November 1, 1893, Benjamin D. Disbrow died, leaving him surviving this plaintiff, his widow, and four sons, the defendants Griffin B., Charles A., Robert N". and George A. Disbrow-, liis •only heirs at law and next of ldn. He left a will, in and by which he devised all' of his property to his son Robert, and "just prior to Lis death he also, executed and delivered to Robert a deed convey'ing.to him all…

2Cases cited4 opinions

  1. Meacham v. SternesNew York Court of Chancery · 1842
  2. Quackenboss v. . SouthwickNew York Court of Appeals · 1869
  3. Scott v. RandMassachusetts Supreme Judicial Court · 1875
  4. In the Matter of Edward SchellNew York Court of Appeals · 1873

3Cited by10 opinions

  1. Ingalls v. IngallsSupreme Court of Alabama · 1952
  2. Mangels v. TippettCourt of Appeals of Maryland · 1934
  3. In re the Estate of KirkmanNew York Surrogate's Court · 1932
  4. In re the Estate of AngellAppellate Division of the Supreme Court of the State of New York · 1944
  5. In re AndrewsNew York Supreme Court · 1907

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