Legal Opinion

Rice v. Halsey

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 1913PublishedCited by 6 opinions

Appeal by the defendants, Charles D. Halsey and others, from a judgment of the Supreme Court in.favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of November, 1912, upon the report of a referee.

1Opinion of the Court

McLaughlin, J.:

On the.!9th of June, 1899, John Smith Bice, husband of the plaintiff, assigned to one John Drohan, as trustee, a mortgage for $15,000. The purpose of the assignment, according to provisions incorporated therein, was to keep the principal invested, subject to Bice’s approval, and pay the income derived therefrom to him during his life, and after his death to transfer the principal to his wife, if she were then living, and if not, to make other disposition of it which it is unnecessary here to mention. One of its provisions was as follows: “And it is expressly provided that the…

2Cases cited8 opinions

  1. Heryford v. DavisSupreme Court of the United States · 1880
  2. The Parker Mills v. . the Commissioners of TaxesNew York Court of Appeals · 1861
  3. First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
  4. Woolsey v. . FunkeNew York Court of Appeals · 1890
  5. State ex rel. First National Bank v. BartleyNebraska Supreme Court · 1894

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3Cited by6 opinions

  1. Lawson v. BakerCourt of Appeals of Texas · 1920
  2. Irving Trust Co. v. Natica, Lady Lister-KayeNew York Supreme Court · 1935
  3. In re the Indenture of Trust Made by BalsamNew York Supreme Court · 1968
  4. In re the William M. Kline Revocable TrustNew York Surrogate's Court · 2003
  5. In re Commercial National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1950

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