Gifford v. Rising
New York Supreme Court
Appeal from Niagara county court. Action by Reuben W. Gifford, as receiver of the property of Chauncey W. Rising, a judgment debtor, against Aretas W. Rising. The justice of the peace before whom the cause was tried gave judgment for plaintiff. This was reversed by the county court, and plaintiff appeals. For appeal from order, see post, 480. For other proceedings, see 8 N. Y. Supp. 279; 3 N. Y. Supp. 392.
1Opinion of the CourtCorlett, J.
Samuel S. Rising died in October, 1879, leaving a will, which was admitted to probate. In the will he devised to his son, Chauncey, and Jane, his wife, an annuity of $200, $100 payable on the 28th day of October, and the other on the 28th day of April, of each year. He also devised to the respondent 133 acres of land, charged with the payment of the annuities. The respondent accepted this devise, took possession of the land, and paid the annuities up to and including the 28th day of October, 1882, and, before the 12th day of October, 1885, certain other claims, the amount of which was matter…
2Cases cited2 opinions
- O'Connor v. Mechanics' BankNew York Supreme Court · 1889
- Gifford v. RisingNew York Supreme Court · 1889
3Cited by1 opinion
- Wallace v. WilliamsNew York Supreme Court · 1891