Pray v. . Hegeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 9, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 9, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 33 Hun, 358.) This action was originally brought by John Dikeman, a judgment creditor of Austin D. Moore, Jr., against said Moore and Joseph Hegeman as surviving executor of the will of Austin D. Moore, to recover the accumulations of interest upon a share of the testator’s estate given to the executors in trust for said…
1Opinion of the CourtAndrews, J.
The right of the plaintiff to relief in this action depends primarily upon the validity of the trust in the will of Austin D. Moore, Sr., for the accumulation of the income of the share of the trust estate, held in trust under the will, for the use of the testator’s son, Austin D. Moore, Jr., for life. If the direction for accumulation was void, the accumulated fund of $30,000, which the defendant Hegeman has accumulated out of the income of the share of Austin D. Moore, Jr., in pursuance of the direction in the will, belonged to Austin D. Moore, Jr., as his absolute property, and was subject…
2Cases cited7 opinions
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Gates v. . PrestonNew York Court of Appeals · 1869
- Pray v. . HegemanNew York Court of Appeals · 1883
- Campbell v. . ConsalusNew York Court of Appeals · 1862
- Bellinger v. CraigueNew York Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- In Re the Estate of HunterNew York Court of Appeals · 2005
- Reich v. . CochranNew York Court of Appeals · 1896
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Wilson's v. DeenSupreme Court of the United States · 1887
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
127 more not listed; retrieve them via the Exa API.