Elias v. Schweyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William Elias and others, from so much of a judgment of the Supreme Court, entered in the office of the cleric of the county of New York on the 2d day of September^ 1896, upon the decision of the court rendered after a trial at the-Hew York Special Term, as adjudges and decrees “ that the defendant cannot be compelled, in this action, to account for moneys alleged to have been unlawfully received by him, or profits to have ■ been made whilst he was…
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Appeal by the plaintiffs, William Elias and others, from so much of a judgment of the Supreme Court, entered in the office of the cleric of the county of New York on the 2d day of September^ 1896, upon the decision of the court rendered after a trial at the-Hew York Special Term, as adjudges and decrees “ that the defendant cannot be compelled, in this action, to account for moneys alleged to have been unlawfully received by him, or profits to have ■ been made whilst he was a director or president of the Henry Elias*. Brewing Company.”* Also, an appeal by the defendant, Edward Scliweyer,…
1Opinion of the Court
Williams, J.:
The will of Henry Elias appointed the plaintiff Catherine - Elias, the defendant Edward Schweyer, and one Edward Hanitzsch, executors and trustees under the will and guardians of the estate of his children, and Catherine Elias, his wife, alone, the guardian of the persons of his children. After providing for the payment of debts and funeral expenses, the testator made certain specific gifts of real and personal property to his wife, and then gave all the balance of his property to the trustees under the will, in trust for the purposes therein specified, and, among these, were…
2Cases cited3 opinions
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- In re Seymour's EstateNew York Supreme Court · 1891
3Cited by20 opinions
- Retail Store Employees Union, Local 1001 v. Washington Surveying & Rating BureauWashington Supreme Court · 1976
- People ex rel. Hummel v. DavyAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of KirkmanNew York Surrogate's Court · 1932
- In re the Application for the Revocation of Letters Testamentary of George M. BurrAppellate Division of the Supreme Court of the State of New York · 1907
- In re BerriNew York Surrogate's Court · 1927
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