Legal Opinion

Lauter v. Hirsch

Appellate Terms of the Supreme Court of New York

Decided March 10, 1910Published

Appeal from City Court of New York, Special Term. In the matter of proceedings supplementary to execution in the action of Sigmund Tauter against Sendai Hirsch. From an order denying a motion to vacate an order appointing a receiver in such proceedings, defendant debtor appeals.

1Per curiam

It is conceded that there is no property which would justify the appointment of the receiver, except an interest under the will of the appellant’s deceased father, who died, February 3, 1909, leaving a widow, who is still living, and six children. The residuary estate is left to the executors in trust for the widow during her life. The will then proceeds as follows:

“And upon her death, I direct that my said entire estate, or as much thereof as shall remain, be divided among all my children in equal shares, and should any of my children die, leaving issue surviving such issue shall take the…

2Cases cited11 opinions

Moore v. LittelNew York Court of Appeals · 1869
In Re the Accounting of CraneNew York Court of Appeals · 1900
Connelly v. . O'BrienNew York Court of Appeals · 1901
Dougherty v. . ThompsonNew York Court of Appeals · 1901
Roosa v. . HarringtonNew York Court of Appeals · 1902

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