Pease v. . Egan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 2(3, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was for subrogation to and foreclosure of a mortgage upon certain real estate.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 2(3, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was for subrogation to and foreclosure of a mortgage upon certain real estate. John Egan, a resident of the city of New York, died on the 1st day of May, 1875, leaving him surviving his widow, Clara M. Egan, one of the defendants herein, and two children, Clara E. and William G. Egan. He left a will, which was duly admitted to…
1Opinion of the CourtPeckham, J.
The plaintiff’s complaint has been dismissed in the courts below for the reason, as stated, that no case for subrogation had been made out, although the Special and General Terms arrived at this result by different and, to some extent, opposing views as to the construction of the testator’s will. We think the construction adopted by the Géneral Term is the true one. The children under this will took an absolute title to the personal property of the testator (excepting a small portion bequeathed to the widow) upon their reaching the age of twenty-one years. This was not the case with the real…
2Cases cited2 opinions
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Cole v. . MalcolmNew York Court of Appeals · 1876
3Cited by39 opinions
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
34 more not listed; retrieve them via the Exa API.