New York Life Insurance & Trust Co. v. Livingston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 18, 1891, which affirmed a judgment in favor of the defendant John Henry Livingston, entered upon a decision. of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 18, 1891, which affirmed a judgment in favor of the defendant John Henry Livingston, entered upon a decision. of the court on trial at Special Term. The facts out of which the question arose are as follows: In the month of August, 1888, Clermont L. De Peyster executed a deed of trust to the plaintiff, whereby he transferred to it certain real and personal property, including the property in question, in trust, to receive the rents and income during his life, and…
1Opinion of the CourtAndrews, J.
The will of Clermont L. De Peyster, after giving a single legacy, provides as follow's: “ I give and bequeath to my uncle, John Henry Livingston, all the rest, residue and remainder of my estate, both real and personal property, of what nature and kind soever and wherever situate, which I may own or be in any manner entitled to at the time of my death.” This was a good execution of the power of appointment contained in the prior trust deed of July 11, 1887.
By section 126 of the Statute of Powers it is enacted that “ the lands embraced in a power to devise shall pass by a will purporting to…
2Cases cited1 opinion
- Cutting v. . CuttingNew York Court of Appeals · 1881
3Cited by16 opinions
- In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
- McLean v. McLeanAppellate Division of the Supreme Court of the State of New York · 1916
- Thompson v. Wanamaker's TrusteeSupreme Court of Pennsylvania · 1920
- Chase National Bank v. Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1943
- Horlick v. SidleyWisconsin Supreme Court · 1942
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