Burleigh v. Center
The Superior Court of New York City
TMs is an appeal from an order sustaining a demurrer to the complaint, upon the ground that it does not state facts sufficient to constitute a cause of action, and from a judgment thereon dismissing the complaint. In May, 1870, the plaintiff, Virginia W. Burleigh, being the owner of a large property, real and personal, conveyed it to trustees by a deed of trust. Among the property conveyed to the trustees was an undivided interest in the estate of her father.
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TMs is an appeal from an order sustaining a demurrer to the complaint, upon the ground that it does not state facts sufficient to constitute a cause of action, and from a judgment thereon dismissing the complaint. In May, 1870, the plaintiff, Virginia W. Burleigh, being the owner of a large property, real and personal, conveyed it to trustees by a deed of trust. Among the property conveyed to the trustees was an undivided interest in the estate of her father. "Upon the division of this estate, there was set apart to Virginia W. Burleigh, among other property, a second mortgage for seven…
1Opinion of the Court
The following special term opinion was rendered:
Curtis, J.
The only question raised by defendant’s demurrer is, whether an indebtedness of five hundred dollars for legal services, in a suit in reference to one of the assets of the trust estate in which the principal sum sought to be recovered with interest was paid before trial, should be paid by the proportional pay-*446meat of four hundred and forty-nine dollars and sixty-three cents, from the corpus of the trust estate, and the balance from the income thereof, the same being in proportion to the respective amounts of principal of the trust…
2Cases cited6 opinions
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Cunningham v. PellNew York Court of Chancery · 1836
- Sherman v. . ParishNew York Court of Appeals · 1873
- Mandell v. GreenMassachusetts Supreme Judicial Court · 1871
- Fleet v. DorlandNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.