Lawrence v. . Cooke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 28, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term, and which directed judgment in favor of plaintiff. (Reported below, 32 Hun, 126.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 28, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term, and which directed judgment in favor of plaintiff. (Reported below, 32 Hun, 126.) The nature of the action and the material facts are stated in the opinion. The General Term erred in holding that the seventh clause of the will creates a trust for plaintiff. (Campbell v. Beaumont, 91 N. Y. 465; Freeman v. Coit, 96 id. 63; Roseboom v. Roseboom, 81…
1Opinion of the CourtRapallo, J.
The grandfather of the plaintiff (Chauncey L. Cooke), by the 'sixth and seventh clauses of his will, which took effect in December, 1878, devised and bequeathed his residuary estate as follows:
“ YI. The residue of my estate, both real and personal, of whatever name or kind, T give, devise and bequeath to my daughter, Sara L. Cooke, to have and to hold the same unto "her and her heirs and. assigns forever.”
“ YII. I commit my granddaughter, Annie C. Lawrence, child of my daughter Annie, now deceased, to the charge and guardianship of my daughter, Sara L. Cooke, in whose honesty, good will and…
2Cited by32 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Collister v. . FassittNew York Court of Appeals · 1900
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- Mallarino v. HammersmithCalifornia Supreme Court · 1950
- Post v. . MooreNew York Court of Appeals · 1905
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