Seaward v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buell G. Davis, as executor, etc., from a final judgment of the Supreme Court in favor of the plaintiff, éntered in the. office of the clerk of - the county of Kings on the 29th day of August, 1908, and also from an interlocutory judgment in favor of the plaintiff entered in the. office of the clerk of said county on the 13th day of July, 1908, upon the decision of the court rendered after a trial at the Kings County Special (Term.
1Opinion of the Court
Jenks, J.:
This appeal from a final judgment brings up the interlocutory judgment. The' action is by the administrator cum testamento annexo of King against the executor of King’s widow. King’s will, as construed by us in Tuthill v. Davis (121 App. Div. 290), gave to his wife the usé of both the real and personal property during her life, with the beneficial power of disposition of the latter ; remainder to. certain specified persons. Mrs. King, as executor of her husband, made final accounting in the Surrogate’s Court, and by its decree she personally came into possession of $17,268.50 in…
2Cases cited6 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Moses v. MurgatroydNew York Court of Chancery · 1814
- Swarthout v. . RanierNew York Court of Appeals · 1894
- Frethey v. DurantAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of MorrellNew York Surrogate's Court · 1935
- Seaward v. TaskerNew York Supreme Court · 1913
- Seaward v. TaskerNew York Supreme Court · 1913
- In re the Estate of CushmanNew York Surrogate's Court · 1932
- Kosovits v. New York First Hungarian St. Stephen's Roman Catholic & Benevolent Society of Men & WomenNew York Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.