In re McCaffrey's Estate
New York Supreme Court
Appeal from surrogate’s court, Saratoga county. In 1871, John S. Perry executed to Joseph A. Shondy a deed by which he-conveyed a lot of land in trust. The trust \yas to receive the rents and profits, and pay the same to Harriet Perry for her natural life. On her death the land was to be sold or partitioned. One-third was to be vested in Annie; E. McCaffrey, a daughter of said Harriet, her heirs and assigns.
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Appeal from surrogate’s court, Saratoga county. In 1871, John S. Perry executed to Joseph A. Shondy a deed by which he-conveyed a lot of land in trust. The trust \yas to receive the rents and profits, and pay the same to Harriet Perry for her natural life. On her death the land was to be sold or partitioned. One-third was to be vested in Annie; E. McCaffrey, a daughter of said Harriet, her heirs and assigns. Another-third was to be vested in said trustee, in trust to apply the income to Helen A. Perry, another daughter, till she became 21, then that third to vest in her in fee. Another third…
1Opinion of the Court
Learned, P. J., (after stating facts as above.)
We find no authority for the surrogate to direct the appraisers as to the manner in which they are to estimate the value of the property. This they are to do according to the best of their knowledge and ability. 2 Rev. St. p. 82, § 4. Nor is there any requirement of law, so far as we are aware, which requires the administratrix to make any estimate of the value of the property inventoried. 2 Rev. St. p. 82, § 2; p. 84, § 16. The important question, however, is whether the estate of McCaffrey has a valid lease which the administratrix should put…
2Cases cited7 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Newcomb v. KetteltasNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gomez v. GomezNew York Supreme Court · 1894
- St. Louis Union Trust Co. v. Van RaalteMissouri Court of Appeals · 1924
- South End Warehouse Co. v. LaveryCalifornia Court of Appeal · 1910
- Cram v. DietrichAppellate Division of the Supreme Court of the State of New York · 1903
- Estate of James Campbell, Decsd.Hawaii Supreme Court · 1954
1 more not listed; retrieve them via the Exa API.