Meldon v. Devlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Angela M. Devlin and others, from an interlocutory 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 12th day of August, 1897, upon the decision of the court rendered after a trial at the New York Special Term. The action is brought by the plaintiff, as assignee of Jeremiah Doherty, to recover the sum due him out of the estate of Daniel Devlin, deceased.
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Appeal by the defendants, Angela M. Devlin and others, from an interlocutory 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 12th day of August, 1897, upon the decision of the court rendered after a trial at the New York Special Term. The action is brought by the plaintiff, as assignee of Jeremiah Doherty, to recover the sum due him out of the estate of Daniel Devlin, deceased. To this end the surviving executrix of Daniel Devlin, and all persons interested in his estate, are made parties, and a variety of relief is…
1Opinion of the Court
Barrett, J.:
Certain considerations concerning the trust created by the 4th clause of the codicil of Daniel Devlin are practically undisputed, and may be stated at the outset to simplify the discussion. The trust was legal in its duration. It was to last only during the lives of William and Jeremiah Devlin. The power of disposition of the income does not enlarge the trust term. This power of disposition existed only during the joint, lives of William and Jeremiah, and the testator’s widow, Bridget Devlin. Hence, as soon as either of the brothers died, this latter power ceased, and when the…
2Cases cited7 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Cook v. . LowryNew York Court of Appeals · 1884
- Gallagher v. . CrooksNew York Court of Appeals · 1892
- Kilpatrick v. . JohnsonNew York Court of Appeals · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- In Re the Will of ChapalNew York Court of Appeals · 1936
- In Re the Accounting of Bankers Trust Company, as Trustee Under the Will of OtisNew York Court of Appeals · 1937
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- In re KohlerNew York Surrogate's Court · 1916
- In Re the Accounting of SanfordNew York Court of Appeals · 1947
25 more not listed; retrieve them via the Exa API.