Cutting v. Cutting
New York Supreme Court
Appeal from a judgment entered at Special Term, overruling the demurrers severally interposed by the defendants, and granting the relief prayed for by the complaint, that certain judgments, amounting to over '$50,000 recovered by the plaintiff against Fulton Cutting, deceased, in his life-time, be charged upon one of the shares of the estate of Gertrude Cutting, deceased.
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Appeal from a judgment entered at Special Term, overruling the demurrers severally interposed by the defendants, and granting the relief prayed for by the complaint, that certain judgments, amounting to over '$50,000 recovered by the plaintiff against Fulton Cutting, deceased, in his life-time, be charged upon one of the shares of the estate of Gertrude Cutting, deceased. By the sixth item of her will, Gertrude Cutting devised and bequeathed a share of her estate to her “ executors in trust to receive the rents and profits thereof during the life of my son, Fulton Cutting, if ho survive me,…
1Opinion of the Court
Barrett, J. :
The facts which raise the very interesting question presented by this case are few and simple. Mrs. Gertrude Cutting, who died in the year 1864, devised a certain share of her estate to her executors in trust, to receive the rents, issues and profits thereof, and apply the same to the'use of her son, Fulton Cutting, during his life; the capital of such share, upon the death of Fulton, to be conveyed to such person or persons as he, Fulton, should by his last will (and not otherwise) appoint. In case of failure to appoint, then one-half of the capital of such share was to go to…
2Cases cited8 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Jennings v. . ConboyNew York Court of Appeals · 1878
- Livingston v. . MurrayNew York Court of Appeals · 1877
- Kane v. GottCourt for the Trial of Impeachments and Correction of Errors · 1840
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