Smith v. . Burch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order made December 16, 1882, which directed such judgment upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 28 Hun, 331.) The facts stated in the case submitted are substantially set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order made December 16, 1882, which directed such judgment upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 28 Hun, 331.) The facts stated in the case submitted are substantially set forth in the opinion. Defendant, after receiving the legacy due his wife, by not paying it over to her, became the depositary of the fund, and stands in the position of a banker. (Story on Agency, 206; Cowling v. Cowling, 26 Beav. 449;…
1Opinion of the CourtEarl, J.
In December, 1877, Margery Burch, the wife of the defendant, made her will, which, after bequests of legacies to certain relatives named amounting to $1,300, contained the following provision: “ I further give and bequeath to my'beloved husband all the ready money I may have, either in bank or elsewhere, at my decease, before any of the foregoing legacies or bequests shall be paid,” and the remainder of her estate she bequeathed to certain missionary societies for charitable purposes. She died on the 26th day of September, 1881, and in October thereafter her will was admitted to probate and…
2Cases cited3 opinions
- Mann v. MannNew York Court of Chancery · 1814
- Beck v. McGillisNew York Supreme Court · 1850
- In re Estate of MillerCalifornia Supreme Court · 1874
3Cited by18 opinions
- Estate of YoellCalifornia Supreme Court · 1913
- McCabe v. Cary'sSupreme Court of Virginia · 1923
- In re the Estate of McKendrieNew York Surrogate's Court · 1934
- Sweet v. . BurnettNew York Court of Appeals · 1892
- In re the Estate of BlackstoneNew York Surrogate's Court · 1905
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