King v. Irving
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Irving, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of December, 1904, directing that an execution issue against the income of the defendant, a judgment debtor, received from or under a trust created by the will of Washington Irving, Jr., deceased.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an order directing that an execution issue under section 1391 of the Code of Civil Procedure, as amended by chapter 461 of the Laws of 1903. The appellant, under his brother’s will, which was admitted to probate by the Surrogate’s Court of the county of New York on the 25th of October, 1894, is entitled to receive a certain income from a trust fund created therein and held by the executrices and trustees thereof. The will provides that one-third of the income from such fund is “ to be paid by my said executrix and executors and trustees to my said brother…
2Cases cited2 opinions
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Bottjer v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Kelly v. MulcahyAppellate Division of the Supreme Court of the State of New York · 1909
- Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1909
- Pistchal v. DurantAppellate Division of the Supreme Court of the State of New York · 1915
- Ringe v. MortimerAppellate Division of the Supreme Court of the State of New York · 1907
- Bayliss v. Ryan, New York County Courts1909
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