Legal Opinion

Young v. . Brush

New York Court of Appeals

Decided September 5, 1863PublishedCited by 16 opinions

Appeal from a judgment of the Supreme Court. Catharine C. Young, by her will, left certain personal property in the city of New York, and certain real property in New Jersey, to David Brush, as executor, in trust for her son, George Young, during his life, with certain limitations over. The will was proved before the surrogate of the city and county of New York, who set aside the limitations over.

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Appeal from a judgment of the Supreme Court. Catharine C. Young, by her will, left certain personal property in the city of New York, and certain real property in New Jersey, to David Brush, as executor, in trust for her son, George Young, during his life, with certain limitations over. The will was proved before the surrogate of the city and county of New York, who set aside the limitations over. Some questions were raised, upon the probate, as to the residence of Mrs. Young. The will was subsequently proved in the state of New Jersey. After the death of David Brush, the executor, and of…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There is no allegation that the payments disallowed by the referee were not made in good faith by the executor and trustee, and I am at a loss to perceive any substantial reason why they should not be allowed. It is to be borne in mind that the complaint in this action is in the nature of a proceeding in equity, to call upon the executor and trustee for an account and transfer, and to deliver over to the administratrix, with the will annexed, all the estate of…

2Cited by16 opinions

  1. Kirtley v. AbramsCourt of Appeals for the Second Circuit · 1962
  2. In re the Judicial Settlement of the Accounts of HuntleyNew York Surrogate's Court · 1895
  3. Harrington v. LibbyNew York Court of Common Pleas · 1875
  4. Healy v. WostenbergWyoming Supreme Court · 1934
  5. In re ArcherNew York Surrogate's Court · 1892

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