Yung v. Blake
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles Yung and another, as executors and trustees, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of February, 1913, amending an order of reference entered in said clerk’s office on the 30th day of January, 1912, by striking therefrom a provision directing that the referee take and state the said defendants’ account as executors and…
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Appeal by the defendants, Charles Yung and another, as executors and trustees, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of February, 1913, amending an order of reference entered in said clerk’s office on the 30th day of January, 1912, by striking therefrom a provision directing that the referee take and state the said defendants’ account as executors and trustees, as prayed for in their amended answer, and report any balance due them and whether such balance is a lien on the…
1Opinion of the Court
Laughlin, J.:
This is an action in partition. The premises were formerly owned hy the plaintiff and his wife, Anna Louise Yung, since deceased, as tenants in common. She had been married before to one Blake, and during his lifetime she made a will by which among other things in effect the premises in suit were devised to the appellants as executors and trustees, in trust, to devote the income thereof to the care, protection and education of her two daughters during their minority, and upon their arriving at the age of twenty-one years to divide the corpus between them equally. One of the…
2Cases cited4 opinions
- Ford v. . KnappNew York Court of Appeals · 1886
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Halsted v. . HalstedNew York Court of Appeals · 1874
3Cited by3 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Grody v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Judicial Settlement of the Account of Proceedings of TimmerhansNew York Surrogate's Court · 1927