Striker v. . Daly
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1916, affirming a judgment. in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1916, affirming a judgment. in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The power of sale contained in the will of Joseph M. L. Striker was not given to the executors as such, but to Elsworth L. Striker and George C. Miller in their individual capacity. (Kissam v. Dierkes, 49 N. Y. 602; Gulick v. Griswold, 14 App. Div.…
1Opinion of the CourtAndrews, J.
Joseph M. L. Striker died in 1883. By his will he directed his executors to pay his debts as soon as “ conveniently can be done.” Next he bequeathed to a friend two thousand dollars, “to be paid him in five annual payments of four hundred dollars each out of the rents to be collected ” from his real estate, and gave “ the net balance of the income ” of his property to his grandmother for life. After her death he gave such “ net income ” to his brother for life with remainder to his heirs. He empowered his executors “ hereinafter named, to lease, sell and dispose ” of his real estate as they…
2Cases cited8 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Morse v. . MorseNew York Court of Appeals · 1881
- Ward v. . WardNew York Court of Appeals · 1887
- Wilson v. SnowSupreme Court of the United States · 1913
- Weeks v. . FrankelNew York Court of Appeals · 1910
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3Cited by11 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Hay v. HayMichigan Supreme Court · 1947
- In re the Accounting of New York Trust Co.New York Surrogate's Court · 1951
- Haas v. HolmanOregon Supreme Court · 1933
- Loeb v. HasslacherAppellate Division of the Supreme Court of the State of New York · 1924
6 more not listed; retrieve them via the Exa API.