Brearley School, Ltd. v. Ward
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Brearley School, Limited, from an order of the Appellate Term of the Supreme Court, entered* in the office of the clerk of the county of New York on the 10th day of March, 1910, affirming an order of the City Court of the city of New York, entered on the 5th day of January, 1910, which denied the plaintiff’s motion to issue an execution under section 1391 of the Code of Civil Procedure,
1DissentMcLaughlin, J.
On the 30th .of June, 1879, Montagnie Ward died, leaving a last will and testament, "which was admitted to probate on the sixth of-September of that year. He left him surviving four children, of whom the respondent is one.. By. the will the testator gave all his property to .his executors and trustees in'trust to convert into money, and then, after setting apart certain sums, directed that the residue be divided into as many shares as he should have children him surviving, one share to be separately invested for each child and the-income derived therefrom paid to such child during the term of…
2Cases cited10 opinions
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- Laird v. . CartonNew York Court of Appeals · 1909
- Williams v. . ThornNew York Court of Appeals · 1877
- Humphrey v. PeguesSupreme Court of the United States · 1873
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