Leask v. McCarty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Emma McCarty, from a judgment of the Supreme Cburt in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 8th day of January, 1910, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Ingraham, P. J.:
When the testator died he had in his possession five promissory notes of $1,000 each, signed by the defendant and payable to the order of the testator, which with interest amounted to' $6,962.50. The defendant admits the making of the notes and receiving from the testator up or prior to the time that they were dated the. sums specified. In the testator’s will there was *797a trust fund created of $40,000, the income of which was to he paid to the defendant for life, and she was given a share of his residuary estate of which, on a distribution by the éxecutors of the sum of…
2Cases cited2 opinions
- Bowron v. . KentNew York Court of Appeals · 1908
- Leask v. HoaglandAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- In re the Judicial Settlement of the Account of Proceedings of Central Union Trust Co.New York Surrogate's Court · 1923
- Elna Realty Co. v. Mamaquarro Apartments Corp.New York Supreme Court · 1931