Peck v. . Smith
New York Court of Appeals
• Appeal from a judgment entered May 20, 1918, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury and directing judgment in favor of plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion.
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• Appeal from a judgment entered May 20, 1918, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury and directing judgment in favor of plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion. The action must be brought by the remaindermen and cannot be maintained by the executors. (Leggett v.. Stevens, 185 N. Y. 70; Smith v. Van Ostrand, 64 N. Y. 278; Spencer v. Strait, 38 Hun, 228;…
1Opinion of the CourtCrane, J.
This action is brought by A. Wellington Peck and John Francis Peck, as executors of the last will and testament of Albert Peck, deceased, against Mary C. Smith, to recover the possession "of two bonds and mortgages valued respectively at $1,000 and $3,500. The right of the plaintiffs is based upon the provisions of the will of Albert Peck who died July 2, 1911, in the county of Fulton, New York.
His will was as follows so far as relates to this litigation.
“ Second. I give and bequeath to my wife, Grace A. Peck, the use of the sum of twenty thousand dollars, for and during the term of her…
2Cases cited5 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Leggett v. . StevensNew York Court of Appeals · 1906
- In re the Judicial Settlement of the Account of Proceedings of HamlinAppellate Division of the Supreme Court of the State of New York · 1910
- Leggett v. StevensAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by14 opinions
- Vincent v. RixNew York Court of Appeals · 1928
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Pipe v. CommissionerUnited States Tax Court · 1954
- Vincent v. PutnamNew York Supreme Court · 1926
- In re the Estate of JohnsonNew York Surrogate's Court · 1956
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