Livingston v. Livingston
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Richard M. G. Livingston and Walter E. Livingston, individually and as trustees, etc., against Elizabeth Livingston and others. From an order directing defendant Fanny Turner Wharton to complete her purchase of certain premises pursuant to a written agreement between herself and plaintiffs, she appeals.
1Opinion of the CourtHatch, J.
This action was brought by plaintiffs, as substituted trustees of the trust created by the last will and testament of Eugene A. Livingston, deceased, for the purpose of obtaining a settlement of their accounts as such trustees, and also for the purpose of procuring a construction of the will. By the third clause of the will the rest, residue, and remainder of testator’s property is given to his executors upon trust to receive the rents, etc., and to pay the same over to his children, until the death of both of his sons, Richard M. C. Livingston and Walter E. Livingston, or until the said…
2Cases cited1 opinion
- Park Hill Co. v. HerriotAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Peters v. TownsendSupreme Court of Arkansas · 1910
- Livingston v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1901