Myers v. . Bolton
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered December 2, 1895, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in-the opinion. If the action is to be deemed an equitable one, the appellants invoke the principle of the maxim that he who asks equity should do equity.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered December 2, 1895, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in-the opinion. If the action is to be deemed an equitable one, the appellants invoke the principle of the maxim that he who asks equity should do equity. (Potter’s Willard’s Eq. 92, 107; Woodruff v. N. Y., L. E. & W. R. R. Co., 129 N. Y. 27; Perry on Trusts, §§ 910, 917, 918; 3 Wait’s Act. & Def. 149; Stevens v.…
1Opinion of the CourtVann, J.
On the 29th of September, 1882, Ann Bolton, the mother of all the parties except William H. Birchall, who was her adopted son, died seized of' some valuable real estate situated on the Bronx river at a place known as Bronxdale. She left a will dated April 6tli, 1880, which was duly admitted to probate on the 20th of Hovember, 1882, whereby she devised all of her real property, except a single house and lot, to the parties to this action and Emily B. Horris, a daughter who died in 1887 intestate and without descendants. She also gave power to her executors to sell any or all of her real estate…
2Cases cited2 opinions
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- Jennison v. HapgoodMassachusetts Supreme Judicial Court · 1823
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- Maekotter v. MaekotterNew York Supreme Court · 1911
- Reed v. TaliaferroWyoming Supreme Court · 1927
- In re the Accounting by EllingerNew York Surrogate's Court · 1923
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