Legal Opinion

Asche v. . Asche

New York Court of Appeals

Decided April 16, 1889PublishedCited by 48 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the _ opinion. The appellant is entitled to the share of her deceased child discharged from all claim of the trustees and executors.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the _ opinion. The appellant is entitled to the share of her deceased child discharged from all claim of the trustees and executors. (1 R. S. [Edm. ed.] 680, § 67; In re De Kay, 4 Paige Ch. 403; Bellanger v. Shafer, 2 Sandf. Ch. 295, 296.) The claim of no person taking any…

1Opinion of the Court

Ruger, Ch. J.

This is an action between the several executors of the will of Jacob Asche and his widow and legatees to obtain a construction thereof by the court. The will, in substance, devised and bequeathed all of his real and personal property, after the payment of debts and funeral expenses, to his executors in trust to invest and keep invested the proceeds thereof in United States bonds or in bonds of the state or city of Hew York, or in bonds secured by first mortgage on real estate in the city of Hew York, and to pay the interest or income of a certain small part thereof, determinable…

2Cases cited4 opinions

  1. Smith v. . RobertsNew York Court of Appeals · 1883
  2. Hobson v. . HaleNew York Court of Appeals · 1884
  3. Mickles v. . TownsendNew York Court of Appeals · 1859
  4. In re DekayNew York Court of Chancery · 1834

3Cited by48 opinions

  1. Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
  2. Becker v. ChesterWisconsin Supreme Court · 1902
  3. Salisbury v. . SladeNew York Court of Appeals · 1899
  4. In Re the Accounting of GordenNew York Court of Appeals · 1902
  5. Sweet v. . HenryNew York Court of Appeals · 1903

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