Heise v. . Wells
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1912, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1912, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Mrs. Heise attempted to give a sum of money, the proceeds of her undivided interest in her father’s estate, hut she did not give her legal estate in remainder, which was all -she had to give at the time of the alleged gift. The gift was, therefore, executory and invalid. (Richards v. Delbridge, L. R.…
1Opinion of the CourtChase, J.
Edwin E. Hearne died March 11, 1899, leaving a will which was duly admitted to probate. Subject to the payment of his debts and funeral expenses he gave all his real and personal property to his executors and the survivor of them in trust, to set apart therefrom certain specified shares of corporate stock for the benefit of a named son, and upon the further trusts as stated in said will “To pay in equal quarter yearly payments, or as soon thereafter as may he practicable, unto my daughters Elizabeth A. Hearne, Mary Frances Hearne, Anna Theresa Hearne and Lillie Lee Hearne, the rents, issues…
2Cases cited2 opinions
- Matson v. . AbbeyNew York Court of Appeals · 1894
- Matson v. AbbeyNew York Supreme Court · 1893
3Cited by11 opinions
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- Seattle First National Bank v. CrosbyWashington Supreme Court · 1953
- Chase Nat. Bank of New York v. SaylesCourt of Appeals for the First Circuit · 1926
- County National Bank & Trust Co. v. SheppardCalifornia Court of Appeal · 1955
- In re the Accounting of Chemical Bank New York Trust Co.New York Court of Appeals · 1969
6 more not listed; retrieve them via the Exa API.