Catton v. Taylor
New York Supreme Court
THE plaintiff instituted the above action to recover the possession of certain premises situated in the town of Paltz, in the county of Ulster, of which Charles Catton, senior, died seised, and which are described in the complaint. Charles Catton, senior, made his last will and testament on the 18th day of September, 1815, which was duly proved as a will of real and personal estate.
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THE plaintiff instituted the above action to recover the possession of certain premises situated in the town of Paltz, in the county of Ulster, of which Charles Catton, senior, died seised, and which are described in the complaint. Charles Catton, senior, made his last will and testament on the 18th day of September, 1815, which was duly proved as a will of real and personal estate. The provision of the will which is material in the disposition of this action is stated in the following opinion. The testator, by his will, appointed his son Charles Catton, junior, and George Bomford the.…
1Opinion of the Court
By the Court,
Ingalls, J.
The determination of this action depends upon the estate which Charles Catton, jun. took under the will. And that depends upon the construction which is to be given to the following provision of said will: “First, my real estate shall be sold as soon as possible after my decease, either by private contract or public sale, just as my executors may agree upon; and after payment of my just debts, and expenses incurred by the execution of this will, then the remaining money raised by the said sale or contract to be disposed of thus: To my wife Mary Catton shall be paid the…
2Cases cited4 opinions
- Meakings v. . CromwellNew York Court of Appeals · 1851
- G. H. & E. Striker v. MottNew York Court of Chancery · 1831
- Tucker v. . TuckerNew York Court of Appeals · 1851
- Jackson ex dem. Miller v. PotterNew York Supreme Court · 1830
3Cited by2 opinions
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Janssen v. WempleNew York Surrogate's Court · 1878