Willis v. . Sharp
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 13, 1887, which affirmed an order of Special Term appointing a receiver.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 13, 1887, which affirmed an order of Special Term appointing a receiver. Fida C. Sharp died in April, 1885, leaving a will in which she nominated her husband and Elsie Sharp as executors, and after the payment of her debts gave, devised and bequeathed all the residue of her property to her executors, to be held by them in trust, the income thereof to he used for the maintenance and education of her son Harry until he should arrive at the age of twenty-five years, when the property was…
1Opinion of the CourtEarl, J.
By the order appealed from the whole estate of the testatrix is taken out of the hands of the executor and. placed in. the hands of a receiver, the executor is absolutely restrained from the performance of his duties, and the debt of this plaintiff is ordered to be paid in preference to all other debts of the testatrix. We are unable to perceive any ground upon which such an order can be maintained. There was no allegation in the complaint in this action that the estate of Mrs. Sharp was at her death solvent or insolvent, and no claim was there put forth that the plaintiffs were entitled to…
2Cases cited1 opinion
- Pitkin v. PitkinSupreme Court of Connecticut · 1829
3Cited by10 opinions
- Willis v. . SharpNew York Court of Appeals · 1891
- In re McAuslandDistrict Court, D. New Jersey · 1916
- Philco Radio & Television Corp. v. DamskyAppellate Division of the Supreme Court of the State of New York · 1937
- Estate of Onstad v. OnstadWisconsin Supreme Court · 1937
- Matter of the Estate of RugglesMichigan Supreme Court · 1936
5 more not listed; retrieve them via the Exa API.