Legal Opinion

Washbon v. . Cope

New York Court of Appeals

Decided January 15, 1895PublishedCited by 61 opinions

Appeals from order of the General Term of the Supreme Court in the fourth judicial department, made February 7, 1893, which reversed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial at Special Term and granted a new trial.

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Appeals from order of the General Term of the Supreme Court in the fourth judicial department, made February 7, 1893, which reversed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial at Special Term and granted a new trial. This action was brought for the purpose of compelling the defendant Haney Cope to give security for the ultimate safety and forthcoming of certain moneys amounting to about $14,000, left to her by the fourth and seventh clauses of the will of her father, as the plaintiffs allege for her life only, in case she should die without…

1Opinion of the CourtPeckham, J.

The trial court in this case held'that, by the true construction of the will of Hr. Washbon, the defendant Haney Cope having survived her father, took an absolute estate in the moneys bequeathed to her by his will. The General Term, upon appeal, has reversed that finding, and has construed the will as giving but a life estate to Hrs. Cope if she should die without children. The judgment of the Special Term was, therefore, reversed and a new trial granted. The defendant Hrs. Cope has appealed here. She maintains now before us that the interpretation placed by the Special Term upon the; will of…

2Cases cited8 opinions

  1. Ferguson v. . CrawfordNew York Court of Appeals · 1877
  2. Vanderzee v. SlingerlandNew York Court of Appeals · 1886
  3. Byrnes v. . StilwellNew York Court of Appeals · 1886
  4. Mellen v. . MellenNew York Court of Appeals · 1893
  5. Matter of TienkenNew York Court of Appeals · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Baer v. HendricksNew York Court of Appeals · 1895
  2. In re the Accounting of KroossNew York Court of Appeals · 1951
  3. Fowler v. DuhmeIndiana Supreme Court · 1896
  4. In Re the Accounting of RussellNew York Court of Appeals · 1901
  5. Meacham v. GrahamTennessee Supreme Court · 1897

56 more not listed; retrieve them via the Exa API.

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