Legal Opinion
In re the Estate of Cairns
New York Surrogate's Court
Decided March 13, 1962PublishedCited by 3 opinions
1Opinion of the Court
John D. Bennett, S.
This accounting proceeding presents the interesting question of the effect of the recital in a bond and mortgage that it shall be null and void upon the mortgagee’s death.
On March 22, 1955, the two objectants executed a certain bond and mortgage in the amount of $5,000 to secure a contemporaneous indebtedness owing to the decedent. Both the bond and mortgage contain substantially the same provision, that upon the death of the mortgagee the bond and mortgage should become null and void and of no further force and effect.
The testator, by paragraphs Third and Fourth of his…
2Cases cited6 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- In re the Estate of GreenAppellate Division of the Supreme Court of the State of New York · 1936
- Walston v. TwifordSupreme Court of North Carolina · 1958
- Dimon v. KeeryAppellate Division of the Supreme Court of the State of New York · 1900
- Miller v. AllenAppellate Court of Illinois · 1950
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wranovics v. FinnertyAppellate Division of the Supreme Court of the State of New York · 2000
- Dish Network L. L.C. v. Wlaj-Tv, L. L.C.District Court, W.D. Louisiana · 2018
- In re the Estate of AlvordNew York Surrogate's Court · 1979