Legal Opinion

Paget v. . Stevens

New York Court of Appeals

Decided October 9, 1894PublishedCited by 13 opinions

Appeal from order of the General Term of the Court of 'Common Pleas for the city and county of Mew York, made May 7,1894, which affirmed an order of Special Term denying a motion by the defendant Charles G. Stevens to vacate and .set aside an order of publication. This action was brought for the removal of John L. Melcher and Charles G. Stevens, as trustees under the will of Paran Stevens, deceased. The defendant Charles Gr.

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Appeal from order of the General Term of the Court of 'Common Pleas for the city and county of Mew York, made May 7,1894, which affirmed an order of Special Term denying a motion by the defendant Charles G. Stevens to vacate and .set aside an order of publication. This action was brought for the removal of John L. Melcher and Charles G. Stevens, as trustees under the will of Paran Stevens, deceased. The defendant Charles Gr. Stevens being at the time of the-commencement of the action a resident of the state of Massachusetts, an order for service of the summons upon him by publication was…

1Opinion of the CourtPeckham, J.

The plaintiff Mary Fiske Paget is one of three children which the late Paran Stevens left him surviving at his death in 1872. The plaintiff Marietta B. Stevens is his widow. The defendants Charles G. Stevens and John L. Melcher are two of the three trustees appointed by the deceased in the twelfth clause of his will, the plaintiff Mrs. Stevens being the third.

The trust created in that clause was in favor of the plaintiff Mrs. Paget, and consisted of one-third of the remainder of the estate of the deceased, after the payment of all debts, specific bequests and legacies, and payments to…

2Cases cited1 opinion

  1. Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889

3Cited by13 opinions

  1. Helme v. . BuckelewNew York Court of Appeals · 1920
  2. Grant v. Greene Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1915
  3. Ebsary Gypsum Co. v. RubyNew York Court of Appeals · 1931
  4. Holmes v. BellAppellate Division of the Supreme Court of the State of New York · 1910
  5. Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1901

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