Cushman v. Cushman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maiy F. Cushman, as executrix, etc., from a judgment of the Supreme. Court in favor of the defendants,. entered in the office of ’the clerk of. the county of Kings, on the 2d day of January, T906, upon the report of a referee dismissing the complaint upon the merits. . .
1Opinion of the Court
Jenks, J.:
The defendants demurred to the complaint with success at first, but this court reversed the interlocutory judgment. They pleaded anew and have succeeded upon the trial before the referee. ( The opinion of the court upon the first appeal, written by Willabd Bartlett, J., states the preliminary facts and defines the issues. (102 App. Div. 377.) The opinion of the learned referee upon the trial also lightens my labor.
The scheme of the testator Robert S. Cushman dealt with his three sons alike. Generally speaking, it gave the residuary estate to his executors in trust to pay the income…
2Cases cited11 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Roosa v. . HarringtonNew York Court of Appeals · 1902
- Smith v. . RyanNew York Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re the Accounting of TownsendNew York Court of Appeals · 1927
- In re the Estate of McManusAppellate Division of the Supreme Court of the State of New York · 1978
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- In re the Estate of HennessyNew York Surrogate's Court · 1935
- In re LoewAppellate Division of the Supreme Court of the State of New York · 1965
3 more not listed; retrieve them via the Exa API.