Phœnix v. Trustees of Columbia College
Appellate Division of the Supreme Court of the State of New York
Appeal from Judgment on Report of Referee. Suit by Phillips Phœnix and another, executors and trustees of the last will and testament of Stephen Whitney Phœnix, deceased, against the trustees of Columbia College, George H. Warren, and others. From a judgment for the college entered on the report of a referee, George H. Warren and others appeal. Affirmed.
1Opinion of the CourtPatterson, J.
The appeal in this action is from a judgment of the Special Term giving construction to the last will and testament of Stephen Whitney Phoenix, deceased, and settling the accounts oi the executors and trustees under that will. The question we are called upon to decide is whether Columbia College, in the city of New York, has the right and power to take, under the will, so much of the residuary estate of the testator as consists of certain real estate, and the proceeds of other real estate realized by the executors and trustees under the execution of a power of sale contained in the will. The…
2Cases cited11 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- White v. . HowardNew York Court of Appeals · 1871
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- Asche v. . AscheNew York Court of Appeals · 1889
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3Cited by1 opinion
- Carroll v. Manufacturers Trust Co.Court of Appeals for the Second Circuit · 1953