Davis v. MacMahon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Davis, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 13th day of May, 1913, upon the decision of the court after a trial at the New York Special Term.
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Appeal by the plaintiff, Annie Davis, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 13th day of May, 1913, upon the decision of the court after a trial at the New York Special Term. The judgment upheld the validity of a devise in the will of Henry E. Smith, deceased, giving the remainder of his estate in trust to pay the net income thereof together with the dividends, if any, on capital stock of the Conservative Realty and Investment Company, to the extent of $2,100 per annum, to Marion Chase Currey for…
1Opinion of the Court
Laughlin, J.:
It is within the jurisdiction of a court of equity to entertain a suit, at the instance of one of the next of kin of a testator not interested under the will, for the construction of the will involving the annulment of a trust or other disposition of personal property by will, and to declare a resulting trust in favor of the next of kin as against the executor who holds the property. (Read v. Williams, 125 N. Y. 560; Tonnele v. Wetmore, 195 id. 436; Kalish v. Kalish, 166 id. 368.) The executor and trustee, who is a member of the bar in' New Jersey, testified that voting trust…
2Cases cited14 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Purdy v. . HaytNew York Court of Appeals · 1883
- Read v. . WilliamsNew York Court of Appeals · 1891
- Hascall v. . KingNew York Court of Appeals · 1900
- Schermerhorn v. . CottingNew York Court of Appeals · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re the Accounting of SilsbyNew York Court of Appeals · 1920
- In re HornidgeNew York Surrogate's Court · 1929
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- In re the Accounting of HellerNew York Court of Appeals · 1954
- In re ErbNew York Surrogate's Court · 1929
13 more not listed; retrieve them via the Exa API.