Clift v. . Moses
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1887, which reversed a judgment in favor of the plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1887, which reversed a judgment in favor of the plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The testator, by his will, charged all his real estate, together with the personal, with the payment of his debts and legacies, and devised them to Mary E. Moses, subject to such charge. (Hoyt v. Hoyt, 85 N. Y. 142; Taylor v. Dodd, 58 id. 335; Kalbfleisch…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff as a-creditor of the estate of Charles Pardee, deceased, to compel the defendant, Mary E. Moses, as residuary devisee under the will of the deceased, to account for the rents and profits received by her from the real estate devised to her. Charles. Pardee died on the 9th day of April, 1878, leaving a last will and testament, which was duly proved and admitted to probate on the 17tli day of July, 1878. The provisions of the-will, aside from the formal parts, are as follows:
“ I do order and direct my executor, hereinafter named, to pay all my just debts…
2Cases cited10 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Brown v. . KnappNew York Court of Appeals · 1879
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- In the Matter of Will of FoxNew York Court of Appeals · 1873
- Fisher v. . BantaNew York Court of Appeals · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Richardson v. McCloskeyCourt of Appeals of Texas · 1924
- German-American State Bank v. GodmanWashington Supreme Court · 1915
- Hanson v. HansonSupreme Court of Iowa · 1910
- Hollenbach v. . BornNew York Court of Appeals · 1924
29 more not listed; retrieve them via the Exa API.