Conkling v. . Weatherwax
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 16, 1904, reversing a judgment in favor of appellants herein entered upon a decision of the court on trial at Special Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 16, 1904, reversing a judgment in favor of appellants herein entered upon a decision of the court on trial at Special Term and granting a new trial. This action was brought to establish and enforce a legacy as a lien upon real estate and on the trial the following facts appeared: Henry Weatherwax, a resident of the county of Rensselaer, died on the 8th of May, 1868, leaving a will which was dated March 14th, 1863, and was admitted to probate on the 3rd of September, 1868. He…
1Opinion of the CourtVann, J.
When this action was before us on a previous appeal no question arose as to the payment of the legacies, or as to the evidence by which such payment was regarded as established. The main controversy then related to the priority of the liens upon the assumption that they were all unpaid, and we held that the lien of the legacies was prior and superior to that of the mortgage. (Conkling v. Weatherwax, 173 N. Y. 43.) Our judgment of reversal opened the issue as to the payment of the legacies, and upon the trial now under review the plaintiff assumed the burden of proving the allegation in her…
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- Elwood v. DeifendorfNew York Supreme Court · 1848
- Knapp v. . RocheNew York Court of Appeals · 1884
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Calhoun v. . MillardNew York Court of Appeals · 1890
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3Cited by54 opinions
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- Strubbe v. SonnenscheinCourt of Appeals for the Second Circuit · 1962
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