Roosevelt v. Alen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary P. Kissam and others, as‘executors, etc., of Philip Iiissam, deceased, and others, from so much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17 th day of January, 1898, upon the report of a referee, as confirms said report and denies the appellants’ testators commissions, upon certain real estate held by the trustees under the will of William Astor, deceased,…
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Appeal by the defendants, Mary P. Kissam and others, as‘executors, etc., of Philip Iiissam, deceased, and others, from so much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17 th day of January, 1898, upon the report of a referee, as confirms said report and denies the appellants’ testators commissions, upon certain real estate held by the trustees under the will of William Astor, deceased, for the benefit of Mary Van Alen, and directs that the plaintiffs convey to said Mary Van Alen the said real estate so…
1Opinion of the Court
Ingraham, J. :
The only question presented on this appeal is as to the right of the trustees under the will of William Astor, deceased, to commissions upon the real estate, which, under the will, was directed to he held in trust for the benefit of Mary Van Alen until she arrived at the age of tw'enty-one years, when such real estate was to vest in her. The appeal is heard upon the report of the referee. The referee reports that by the 4th article of the will it is provided as follows: “ I give to my executors or trustees a share of my property from improved real estate to be selected aud…
2Cases cited1 opinion
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
3Cited by3 opinions
- Chisolm v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of TuckerNew York Surrogate's Court · 1899
- In re the Final Judicial Settlement of Account of Proceedings of HullAppellate Division of the Supreme Court of the State of New York · 1904