Cahill v. . Russell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 19,1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This is a proper case in which to ask the court for a judicial construction of the will. (Willard’s Eq.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 19,1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This is a proper case in which to ask the court for a judicial construction of the will. (Willard’s Eq. Juris. 490 ; Chipman v. Montgomery, 63 N. Y. 221; Whalrath v. Handy, 24 How. Pr. 353; Bowers v. Smith, 10 Paige, 193-199; Meserole v.…
1Opinion of the CourtMaynard, J.
Mrs. Broderick died in 1890 leaving a will, and five codicils, the judicial construction of which is sought in this action. She was the owner of number 227 East Fifty-second street, Flew York city; and the principal contention of the parties involves the question whether a power of sale of this property is given to her executor. In the will she bequeathed to various legatees sums aggregating $2'7,00Q, including a legacy of $5,000 to her only heir at law, an infant grandson. There was no residuary clause, and in the last paragraph she appointed an executor, but did not confer upon him a power…
2Cases cited1 opinion
- Erwin v. . LoperNew York Court of Appeals · 1871
3Cited by19 opinions
- Salisbury v. . SladeNew York Court of Appeals · 1899
- Meehan v. BrennanAppellate Division of the Supreme Court of the State of New York · 1897
- Hyde v. RaineySupreme Court of Pennsylvania · 1912
- In re the Estate of HardenberghNew York Surrogate's Court · 1932
- In re the Estate of PetroffNew York Surrogate's Court · 1956
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