Bliss v. Fosdick
New York Supreme Court
Appeal from special term, New York county. Action by George Bliss, Henry Parish, and Duncan Smith, as executors of Elizabeth Fogg, against Charles B. Fosdick, individually and as an executor of Elizabeth Fogg, and others. A judgment was rendered in favor of defendants Fosdick and the St. John’s Guild, and plaintiffs and defendants Hiram H. Fogg, Mary J. A. Phipps, and Benjamin Phipps, as executors of John A. Phipps, appeal.
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Appeal from special term, New York county. Action by George Bliss, Henry Parish, and Duncan Smith, as executors of Elizabeth Fogg, against Charles B. Fosdick, individually and as an executor of Elizabeth Fogg, and others. A judgment was rendered in favor of defendants Fosdick and the St. John’s Guild, and plaintiffs and defendants Hiram H. Fogg, Mary J. A. Phipps, and Benjamin Phipps, as executors of John A. Phipps, appeal. This action was brought to determine the title to one thousand shares of the capital stock of the Gutta-Percha & Rubber Manufacturing Company. The appellants claim that…
1Opinion of the CourtFollett, J.
Under the release of May 15, 1891, the only parties having a pecuniary interest in this litigation are St. John’s Guild and the residuary devisees and legatees, unless it should happen that a division, under the alleged trust, of the proceeds of the 1,000 shares among the 10 corporations would give every one of the 9 corporations mentioned in the codicil a greater sum than would the division of $100,000 among said nine corporations. The plaintiffs and Charles B. Fosdick are interested simply in carrying out the wishes of Elizabeth Fogg, and in relieving themselves from liability. There is no…
2Cases cited3 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Parker v. MarstonSupreme Judicial Court of Maine · 1847
3Cited by12 opinions
- In re the Appraisal of the Property of EdgertonAppellate Division of the Supreme Court of the State of New York · 1898
- In re Account of ManhardtAppellate Division of the Supreme Court of the State of New York · 1897
- In re Estate of SpauldingAppellate Division of the Supreme Court of the State of New York · 1900
- In re Edgerton's EstateAppellate Division of the Supreme Court of the State of New York · 1898
- In re Final Account of SwadeAppellate Division of the Supreme Court of the State of New York · 1901
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