New York Life Insurance & Trust Co. v. Ives
New York Supreme Court
Appeal from special term, New York county. Action by the New York Life Insurance & Trust Company, as trustee under the last will and testament of Francis W. Lasak, deceased, against Margaret S. Ives and others, impleaded with others. From an order striking out portions of an answer as irrelevant and redundant, defendants Cornelia D. Chauvet and Albert L, Chauvet appeal.
1Opinion of the CourtFollett, J.
The fund which the plaintiff holds as trustee, and for the distribution of which this action is brought, did not * arise out of the agreement executed June 16, 1892, but from the rents of real estate received before the will of Francis W. Lasak was set aside. Undoubtedly, any of the defendants may allege that he or she is entitled to all or some share of the apparent interest of a codefendant in the fund by reason of having acquired title thereto or a lien thereon by agreement. But that is not what the appellants seek to do. They set up in their answer that by a contract dated June Í6, 1892,…
2Cases cited1 opinion
- Smith v. HiltonNew York Supreme Court · 1888
3Cited by6 opinions
- Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Supreme Court · 1906
- Eysaman v. NelsonNew York Supreme Court · 1913
- Jefno Realty Corp. v. Lloyds Film Storage Corp.New York Supreme Court · 1947
- Belden v. BrownNew York Supreme Court · 1912
- Bliss v. WintersNew York Supreme Court · 1899
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