Clark v. Coles
New York Supreme Court
The plaintiff is the husband of Elizabeth O.. Clark, deceased, who was one of the children of Isaac U. Coles, deceased; and this action is brought against his widow, Martha E. Coles, as his executrix, and also individually, and against Edward Coles and William H. Seilson, as his executors; to compel them to apply the income of his estate to the payment of taxes and assessments already accrued and hereafter to accrue upon certain unproductive real estate in 'Jersey City in…
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The plaintiff is the husband of Elizabeth O.. Clark, deceased, who was one of the children of Isaac U. Coles, deceased; and this action is brought against his widow, Martha E. Coles, as his executrix, and also individually, and against Edward Coles and William H. Seilson, as his executors; to compel them to apply the income of his estate to the payment of taxes and assessments already accrued and hereafter to accrue upon certain unproductive real estate in 'Jersey City in the state of New Jersey. The said testator died seized and possessed of an undivided . one-fifth part of certain lands in…
1Opinion of the CourtVan Vorst, J.
— The ground of demurrer assigned by the executors and executrix is, that the complaint does not state facts sufficient to constitute a cause of action against them as such.
The terms of the will of Isaac U. Coles, deceased, and the powers and duties of the executors and executrix, thereunder have already had some consideration by this court (Clark agt. Coles, 48 How. Pr., 266).
Westbrook, J., there held, in substance, that there was no trust in the defendants, as executors, and executrix, under the will. And, further, that the executors and executrix, while authorized by the will to lease,…
2Cases cited2 opinions
- Reynolds v. ReynoldsNew York Supreme Court · 1829
- Clark v. ColesNew York Supreme Court · 1874
3Cited by1 opinion
- Perkins v. SlocumNew York Supreme Court · 1894