In Re the Estate of Heinze
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1918, which reversed a decree of the Saratoga County Surrogate’s Court directing delivery to the petitioner, as administrator of the estate of F. Augustus Heinze, deceased, of certain shares of stock, and dismissed the petition. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
F. Augustus Heinze was the owner at the time of his death of 450,000 shares of the stock of the West Dome Company, a mining corporation. On December 31, 1915, his administratrix, IdaM. Fleitmann, made a contract to sell these shares to the Empire Kaolin Company, a corporation controlled by her brother, Otto C. Heinze. The price was to be 20 cents a share. Fifty thousand shares were delivered at once upon payment of $10,000. Four hundred thousand shares were deposited with the Mutual Bank, to be delivered from time to time as demanded and paid for by the buyer. The payments were to be…
2Cases cited24 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Smith v. AyerSupreme Court of the United States · 1880
- Wetmore v. . PorterNew York Court of Appeals · 1883
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
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3Cited by37 opinions
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Matter of WilsonNew York Court of Appeals · 1929
- In Re the Estate of AkinNew York Court of Appeals · 1928
- In re the Judicial Settlement of the Accounts of EhlertAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of WeltonNew York Surrogate's Court · 1931
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