O'Brien v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Iienry H. Jackson and others, as executors of and trustees under the last will and testament of Peter A. H. Jackson, late of the city of New York, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of April, 1898, denying the defendant’s…
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Appeal by the defendants, Iienry H. Jackson and others, as executors of and trustees under the last will and testament of Peter A. H. Jackson, late of the city of New York, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of April, 1898, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover for plumbing alleged to have been done by…
1Opinion of the Court
O’Brien, J.:
The defendants were námed as executors and trustees under the will of Peter A. H. Jackson, deceased, which provided that the estate was to be held and managed by them for the benefit of his children, and they were directed “ to pay and discharge from time to time all taxes and assessments ” on the property, “ and keep the same insured and in good repair and condition, if damaged rebuilt, while held in trust by them.” Their agreement with the plaintiff, dated August 14, 1896, the defendants signed and executed as “ executors of and trustees,” and were therein recited to. be “…
2Cases cited4 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Mulrein v. SmillieAppellate Division of the Supreme Court of the State of New York · 1898
- Warren v. Union BankAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- McGlynn v. Newark Parking AuthoritySupreme Court of New Jersey · 1981
- Jackson v. Lawyers' Surety Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Ehrman v. BassettAppellate Division of the Supreme Court of the State of New York · 1913
- Ehrman v. BassettNew York Supreme Court · 1913