Butler v. Green
New York Supreme Court
Appeal from special term, New York county. Action by Emily 0. Butler and others against Andrew H. Green and others, as executors and trustees of and under the last will and testament of William B. Ogden, deceased, and Marianna B. Ogden and others, claiming that plaintiffs are entitled to the proceeds of certain real estate situated in, states other than New York, of which said Ogden died seised, and which were sold under provisions of said will, and asking that said trustees…
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Appeal from special term, New York county. Action by Emily 0. Butler and others against Andrew H. Green and others, as executors and trustees of and under the last will and testament of William B. Ogden, deceased, and Marianna B. Ogden and others, claiming that plaintiffs are entitled to the proceeds of certain real estate situated in, states other than New York, of which said Ogden died seised, and which were sold under provisions of said will, and asking that said trustees and executors be required to account for the same, and pay to plaintiffs their proper proportion thereof. From a…
1Opinion of the CourtBarrett, J.
Although the record and briefs are quite voluminous, the practical question presented upon this appeal is in a narrow compass. That question is, has intestacy resulted as to certain moneys which the testator’s executors have derived from the sales of lands in the states of Illinois and New Jersey, which moneys have been brought into this state, and here mingled with other moneys' of the estate? Mr. Ogden died in this city, and as to the personal property of which he was then possessed the law of his domicile governs. All questions with regard to his real estate must, however, be determined by…
2Cases cited6 opinions
- Levy v. . LevyNew York Court of Appeals · 1865
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Knox v. . JonesNew York Court of Appeals · 1872
- Scholle v. . ScholleNew York Court of Appeals · 1889
- In Re the Final Judicial Settlement of the Account of McCombNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cuff v. KosloskySupreme Court of Oklahoma · 1933
- In re the Accounting of SchneiderNew York Surrogate's Court · 1950
- In re the Estate of OsbornNew York Surrogate's Court · 1934
- Ogden v. OgdenNew York Supreme Court · 1903
- Bates v. Decree of Judge of ProbateSupreme Judicial Court of Maine · 1932
8 more not listed; retrieve them via the Exa API.