Kearney v. . Cruikshank
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 October 26, 1887, which directed a judgment in favor of plaintiff upon submission of a case under section 1279 of the Code of Civil Procedure. The material facts and the questions presented therein are sufficiently stated in the opinion.
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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 October 26, 1887, which directed a judgment in favor of plaintiff upon submission of a case under section 1279 of the Code of Civil Procedure. The material facts and the questions presented therein are sufficiently stated in the opinion. There being no specific direction in the will as to the time of payment of the annuity, the law fixed the time of payment at the expiration of one year from the death of the testator. (Pearson v. Chase, 10 R. I. 456 ; Rapelye & L. Law…
1Opinion of the CourtAndrews, J.
The question involved in this case arises upon the claim of the representative of Sarah Louisa Eeed for the apportionment of an annuity given to her by the will of Benjamin Lord. The testator died July 5th, 1851. By his will, after providing for the payment of his debts and funeral expenses, he directed his executors to take possession of his real and personal estate, receive the rents, interest, dividends and income thereof, and out of the same to keep the real estate in repair and pay the charges thereon and keep the personal estate invested and pay over the net income of the store; Ho. 147…
2Cited by41 opinions
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