Potter v. Hodgman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred O. Hodgman, as administrator and trustee with the will annexed of Mary Eldridge, deceased, from a judgment of the Supreme Cburt in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 21st day of August, 1902, upon the decision of the court, rendered after a trial at the Fulton Special Term, directing a sale of mortgaged premises under foreclosure.
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Appeal by the defendant, Alfred O. Hodgman, as administrator and trustee with the will annexed of Mary Eldridge, deceased, from a judgment of the Supreme Cburt in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 21st day of August, 1902, upon the decision of the court, rendered after a trial at the Fulton Special Term, directing a sale of mortgaged premises under foreclosure. The action is brought to foreclose a mortgage given by one Armstrong, acting as trustee under the will of Mary Eldridge, deceased. The defense is that, und'er the terms of the…
1Opinion of the Court
Parker, P. J.:
Upon the argument of this appeal both parties seem to agree that the executors named in the will in question took the real estate in trust to receive the rents and profits thereof, and to apply the same to the support and maintenance of the testatrix’s son, William H. Eldridge, during his life; and they seem further to agree that such trust was also broad enough to allow the trustee to apply the real estate itself to such support and maintenance, if the income therefrom should prove insufficient. And the respondent, basing his argument upon such a. situation, claims that the…
2Cases cited3 opinions
- Rogers v. . RogersNew York Court of Appeals · 1888
- Coutant v. ServossNew York Supreme Court · 1848
- Shaw v. Saranac Horse Nail Co.New York Court of Appeals · 1894
3Cited by6 opinions
- King v. PelkofskiNew York Court of Appeals · 1967
- Lueft v. LueftWisconsin Supreme Court · 1906
- Bostwick v. HallAppellate Division of the Supreme Court of the State of New York · 1920
- King v. PelkofskiAppellate Division of the Supreme Court of the State of New York · 1965
- In re KamhiNew York Surrogate's Court · 1933
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