Coann v. . Culver
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in'the. fourth judicial department, entered November 3, 1905, affirming a judgment in favor of jdaintifE entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The legal title to the lands was not vested by the will in the executor therein named since no valid trust was created.
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Appeal from a judgment of the Appellate Division of the Supreme Court in'the. fourth judicial department, entered November 3, 1905, affirming a judgment in favor of jdaintifE entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The legal title to the lands was not vested by the will in the executor therein named since no valid trust was created. It passed to the residuary devisees, and carried with it to them the right to possession and to receive the rents and profits. (Steinhardt v. Cunningham, 130 N. Y. 292; Bouton v.…
1Opinion of the CourtGray, J.
Milton White, in his lifetime, owned with the defendant, by tenancy in common, certain farm lands and this action was commenced by the plaintiff, as the administrator of White, with will annexed, to compel the defendant to account for, and. to pay over, the one-half part of the rents, issues, income and profits received from the farm. Whether the plaintiff is entitled to maintain such an action, altogether, depends upon the terms of White’s will. That instrument, in the first three of its clauses, after directing the payment of the testator’s debts, gave pecuniary legacies to three persons.…
2Cases cited4 opinions
- In the Matter of Will of FoxNew York Court of Appeals · 1873
- Mott v. . AckermanNew York Court of Appeals · 1883
- Clift v. . MosesNew York Court of Appeals · 1889
- Royce v. . AdamsNew York Court of Appeals · 1890
3Cited by12 opinions
- Cohen v. CommissionerUnited States Tax Court · 1947
- Hollenbach v. . BornNew York Court of Appeals · 1924
- In re the Estate of GrauerNew York Surrogate's Court · 1933
- In re the Estate of SpruceNew York Surrogate's Court · 1947
- In re the Estate of WolanskiNew York Surrogate's Court · 1935
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