Russ v. Maxwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George Maxwell and others, from, an" nterlocutory judgment of the County Court of Erie county in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 6th day of April, 1903, upon the decision of the court, rendered after a trial before the court without a jury at a Trial Term of said court, directing a partition sale of certain real estate.
1Opinion of the Court
Spring, J.:
The action is for the partition of certain real estate situate in the city of Buffalo, and the rights of the parties thereto are derived primarily from the will and codicil of Elizabeth H. Maxwell who died in the city of Buffalo in September, 1870. By her will the said testatrix gave all of her property to John Allen in trust to collect the rents and income and apply them to the use of her husband Joshua during his life. After the death of her husband the trustee was directed to apply one-third of said income to the use of Thompson Maxwell, a son of her husband by a former wife,…
2Cases cited8 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- Nelson v. . RussellNew York Court of Appeals · 1892
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
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3Cited by1 opinion
- Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1908