Clarke v. . Clarke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 23, 1894, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 23, 1894, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term. This action was brought for a construction of the will of David Clarke, deceased, and for the appointment of a receiver of certain premises in which defendant has a life estate under said will, for the purpose of renting the same and paying taxes out of the rents. The facts and portions of said will, so far as material, are stated in…
1Opinion of the CourtGray, J.
It was held below in this case that the defendant, as the life tenant of certain premises, consisting of a house and lot in the city of Rochester, was not, as between herself and the heirs of the testator, who were remaindermen, chargeable with the taxes upon that property and that the rents and profits thereof could not be compulsorily applied for that purpose. The testator, David Clarke, died in 1874, leaving a will upon which'letters testamentary were issued to the executor named therein. The executor was subsequently removed from his office and then letters of administration with the will…
2Cases cited1 opinion
- Woodward v. . JamesNew York Court of Appeals · 1889
3Cited by9 opinions
- Spencer v. . SpencerNew York Court of Appeals · 1916
- In Re the Accounting of TracyNew York Court of Appeals · 1904
- In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
- In re the Estate of ShepardNew York Surrogate's Court · 1930
- In re the Construction of the Will of StukaloNew York Surrogate's Court · 1957
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