Rodman v. . Fincke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment entered, upon a decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment entered, upon a decision of the court at Special Term. This action was brought by plaintiff as one of the executors of the will of Abijah Mann, Jr., against his co-executors and the legatees and devisees under the will, to procure a construction of its provisions and those of a codicil annexed, and to obtain the direction of the court as to certain matters in dispute concerning the same. The will was executed on the 30th of September, 1865, and contained, besides' many other…
1Opinion of the CourtRapallo, J.
In the case of Fincke v. Fincke (53 N. Y., 528), we held that under the codicil now in question the beneficiaries were not entitled to any thing from the residuary estate, until by a sale of the lan d devised by the codicil, it should be ascertained that the proceeds did not amount to $30,000, and on that ground we reversed the judgment which gave them interest on that sum from the income of the residuary estate, from the time of the testator’s death to the time of sale. The question whether, when the deficiency should be ascertained by a sale, interest should be allowed on such deficiency…
2Cases cited3 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Hilyard's EstateSupreme Court of Pennsylvania · 1842
- Fincke v. . FinckeNew York Court of Appeals · 1873
3Cited by5 opinions
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- In re Austin's WillAppellate Division of the Supreme Court of the State of New York · 1901
- Barrow v. BarrowNew York Supreme Court · 1890
- Lawrence v. LittlefieldAppellate Division of the Supreme Court of the State of New York · 1915