Lawrence v. Littlefield
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis H. Morris, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1914, overruling his demurrer to the amended complaint.
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Appeal by the defendant, Louis H. Morris, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1914, overruling his demurrer to the amended complaint. Appeal by the defendants, Keith W. Morris and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of June, 1914, overruling their demurrer to the amended complaint. The complaint set forth the following facts: Mary G. Pinkney died in…
1Opinion of the Court
Hotchkiss, J.:
What, if any, relief plaintiff is entitled to depends upon the intent of the testatrix, to be gathered from the will itself. It must have been apparent to the testatrix that the real estate constituting the major portion of her estate could afford the plaintiff no income except from proceeds of sales. The devise of the share in which plaintiff is interested is direct to trustees, who were in fact identical with the individuals named as executors, although this identity was a coincidence of person merely and not of estate. But inasmuch as an express power of sale was given to the…
2Cases cited7 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Matter of StanfieldNew York Court of Appeals · 1892
- Hite's Devisees v. Hite'sCourt of Appeals of Kentucky · 1892
- Edwards v. EdwardsMassachusetts Supreme Judicial Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lawrence v. LittlefieldAppellate Division of the Supreme Court of the State of New York · 1915