Paget v. Melcher
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Mary Paget, and by the defendants, The "Union Trust Company and others, for a new trial made upon a ease -containing exceptions, ordered to be heard at the Appellate Division in the first instance, an interlocutory judgment having been entered in the office of the clerk of the county of ¡New York on the 8th day of July, 1897, upon the decision of the court rendered after a trial at the Hew York Special Term.
Read the full summary
Motion by the plaintiff, Mary Paget, and by the defendants, The "Union Trust Company and others, for a new trial made upon a ease -containing exceptions, ordered to be heard at the Appellate Division in the first instance, an interlocutory judgment having been entered in the office of the clerk of the county of ¡New York on the 8th day of July, 1897, upon the decision of the court rendered after a trial at the Hew York Special Term. The facts are stated in the dissenting opinion of Judge Rumsey.
1Opinion of the Court
Patterson, J.:
I concur in so much of the opinion of Mr. Justice Rumsey as relates to the construction of the deed of trust and the extent of the interests acquired by the eestuis que trust thereunder; but I am not able to concur in the views expressed by. him concerning the personal property that passed under the will of Paran Stevens. The difference between the provisions of the deed and those of the will is striking. In the deed there are no present words of graht to the children of Paran Stevens; under the will the bequest was distinctly to them after the life estate in their mother. The…
2Cases cited6 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Goebel v. . WolfNew York Court of Appeals · 1889
- Nelson v. . RussellNew York Court of Appeals · 1892
- Grout v. TownsendNew York Supreme Court · 1845
- Clark v. CammannAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- Paget v. . MelcherNew York Court of Appeals · 1898
- In Re the Will of KochNew York Court of Appeals · 1940
- In re the Estate of CanfieldNew York Surrogate's Court · 1930
- Robinson v. New York Life Insurance & Trust Co.New York Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.