Nicholas v. . Lord
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 14,1907, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment was not binding on defendants. (Duchess of Kingston's Case, Smith’s L. C. 1998; Foster v. Farl of Derby, 1 Ad. & El. 783; Dull r.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 14,1907, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment was not binding on defendants. (Duchess of Kingston's Case, Smith’s L. C. 1998; Foster v. Farl of Derby, 1 Ad. & El. 783; Dull r. Blackman, 169 U. S. 243; Douglass v. Howland, 24 Wend. 35; Berdan v. Sedgwick, 44 N. Y. 626; Zoeller v. Riley, 100 N. Y. 102.) These appellants should have…
1Opinion of the CourtVann, J.
By an instrument dated March 16th, 1892, reciting a nominal consideration only, August Belmont Purdy conveyed to Franklin B. Lord an interest in certain property, in trust, first, repeating the words of the grantor, “ to pay any just debts which 1 may now owe.” Second, after payment of such debts, to invest the residue and apply the income therefrom “to the use of my wife, Bertha Gf. Purdy, during her life,” and, third, “ upon her death to divide the property then held in trust by him under this assignment amongst my then surviving issue, in equal shares jeer stirpes.” The grantor conferred…
2Cases cited14 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Candee v. . LordNew York Court of Appeals · 1849
- Pringle v. . WoolworthNew York Court of Appeals · 1882
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Acker v. . LelandNew York Court of Appeals · 1888
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3Cited by5 opinions
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Judicial Settlement of the Account of GrantAppellate Division of the Supreme Court of the State of New York · 1909
- Bischoff v. PackardAppellate Division of the Supreme Court of the State of New York · 1911
- In re GrantAppellate Division of the Supreme Court of the State of New York · 1909
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909