Legal Opinion

Rose v. Rose Beneficent Ass'n

New York Court of Appeals

Decided September 5, 1863PublishedCited by 7 opinions

This action was commenced-in the Supreme Court by the surviving executor to obtain a construction of the will of his testator, John Eose. By the will, a large share of the testator’s property was devised for the purpose of establishing and endowing an associaton for the care and education of certain children designated therein.

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This action was commenced-in the Supreme Court by the surviving executor to obtain a construction of the will of his testator, John Eose. By the will, a large share of the testator’s property was devised for the purpose of establishing and endowing an associaton for the care and education of certain children designated therein. Another portion of his property was given to the American Colonization Society, and it was to determine the validity or invalidity of these bequests that the action was commenced. These bequests were held invalid, by both the special and general terms, and the judgment…

1Opinion of the CourtMullin, J.

The court of chancery in England was authorized by act of parliament to grant costs in its discretion, as well as to amount as to the parties to whom they should be allowed. Buies were prescribed by which this discretion was regulated, and they seem to have been adhered to, with only nowz and then an exception. These rules applied to the cases in which costs would be granted or withheld, and desig nated the parties to whom costs would he given, whether they succeeded or were defeated in the cause, and to whom a larger amount of costs would be allowed than to other parties in the cause. It…

2Cases cited2 opinions

  1. Union Insurance v. Van RensselaerNew York Court of Chancery · 1833
  2. King v. StrongNew York Court of Chancery · 1841

3Cited by7 opinions

  1. Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
  2. Mulberger v. BeurhausWisconsin Supreme Court · 1899
  3. Lewis v. GaillardSupreme Court of Florida · 1915
  4. St. James Orphan Asylum v. McDonaldNebraska Supreme Court · 1906
  5. Drake v. CraneMissouri Court of Appeals · 1896

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