Matter of the Petition of Livingston
New York Court of Appeals
On the 27th of February, 1862, Gabriel Winter died intestate, seized of real estate situate in New York and Queens counties of the value of $200,000, and personal estate of the value of $25,000, leaving him surviving his widow Jane Winter (who died April 19th, 1862), and William Winter, his son, and Mortimer Livingston and Henry W. Livingston, his grandchildren by his daughter Mary Jane (who died March 29th, 1858), his only heirs.
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On the 27th of February, 1862, Gabriel Winter died intestate, seized of real estate situate in New York and Queens counties of the value of $200,000, and personal estate of the value of $25,000, leaving him surviving his widow Jane Winter (who died April 19th, 1862), and William Winter, his son, and Mortimer Livingston and Henry W. Livingston, his grandchildren by his daughter Mary Jane (who died March 29th, 1858), his only heirs. Letters of administration were taken-out May 21,1862, by his son William Winter, with whom was joined John Livingston, the father of the above named Mortimer and…
1Opinion of the CourtMorgan, J.
It is important, to a proper consideration of the several questions presented by these appeals, to understand the position which the respective parties occupy toward each other, and the equity of each to invoke the aid of the courts under the trust deed, for .the protection of their respective rights.
This trust deed was voluntary on the part of William Winter, securing to himself the rents, issues and profits of a real estate, confessedly' worth $100,000, during his life, with remainder over to his heirs; and on default of heirs, to his nephews Mortimer and Henry W. Livingston. As he has no…
2Cases cited7 opinions
- Forrest v. . ForrestNew York Court of Appeals · 1862
- The People v. . NortonNew York Court of Appeals · 1853
- In re Van WyckNew York Court of Chancery · 1846
- Jarvis v. BlennerhassetNew York Supreme Court · 1836
- Bates v. . VoorheesNew York Court of Appeals · 1859
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3Cited by42 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Riggs v. . PursellNew York Court of Appeals · 1878
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Woerz v. . SchumacherNew York Court of Appeals · 1900
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