Beardsley v. . Hotchkiss
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 19, 1883, which modified, and affirmed, as modified, a judgment entered upon the report of a referee. (Reported below, 30 Hun, 605.) The nature of the action and the material facts are stated in the opinion. The will of Mrs. Hotchkiss passed all her estate, real and personal, whether embraced in the deed or not.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 19, 1883, which modified, and affirmed, as modified, a judgment entered upon the report of a referee. (Reported below, 30 Hun, 605.) The nature of the action and the material facts are stated in the opinion. The will of Mrs. Hotchkiss passed all her estate, real and personal, whether embraced in the deed or not. (1 Redf. on Wills, 385, 386.) The limitation over to the surviving brothers and sisters upon the death of any of the children under the age of…
1Opinion of the CourtEarl, J.
On the 7th of June, 1879, Lemon B. Hotchkiss, being insolvent, made a general assignment to the plaintiffs for the benefit- of his creditors. He preferred his three younger children, the defendants, William B., Fanney S. and Alice L. Hotchkiss, for the amounts justly due them on account of moneys and property of his wife, their mother, which he had received, as such amount should be found, after applying all just payments and offsets thereto, on a just and fair settlement; and-he put the four bank defendants, from whom shortly before his assignment he had borrowed $55,000, into the fourth and…
2Cases cited14 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Gott v. CookNew York Court of Chancery · 1839
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Miller v. . EmansNew York Court of Appeals · 1859
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3Cited by72 opinions
- In re Roe v. DoeNew York Court of Appeals · 1971
- Matter of TrevorNew York Court of Appeals · 1924
- Clowe v. . SeaveyNew York Court of Appeals · 1913
- Joachim v. JoachimAppellate Division of the Supreme Court of the State of New York · 1977
- Russell v. MussonMichigan Supreme Court · 1927
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