Rankine v. Metzger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harold Sturges Rankine, from a judgment of the Supreme Court in favor of the defendant, entered in :the office of ' the clerk of the county of New York on the. 11th day of February, 1901, upon the decisión of the court rendered after a trial at the New York Trial Term, a jury having been waived, dismissing the complaint. •
1Opinion of the Court
Hatch, J.:
The action is in ejectment and seeks to recover an undivided one-ninth part of the premises described in the complaint. The rights of the respective parties depend upon the construction to be. given to the will of Mary E. Schuyler, who died seized of the premises March 1, 1880, and the .power and authority of. the trustees appointed thereunder.
After making provision for the management and control of her interest in the business of Miller, Schuyler & Co., and bequests of certain personal property to various persons, the will provides: “All the rest, residue and remainder of my.…
2Cases cited5 opinions
- Losey v. . StanleyNew York Court of Appeals · 1895
- Rogers v. . RogersNew York Court of Appeals · 1888
- Cussack v. . TweedyNew York Court of Appeals · 1891
- Sayles v. . BestNew York Court of Appeals · 1893
- People ex rel. Collins v. DonohueNew York Supreme Court · 1893
3Cited by15 opinions
- Weeks v. . FrankelNew York Court of Appeals · 1910
- Doscher v. WyckoffAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Appointment of a Successor Trustee of the Trust under the Will of PhippsNew York Court of Appeals · 1956
- Mesce v. GradoneSupreme Court of New Jersey · 1948
- Haendle v. StewartAppellate Division of the Supreme Court of the State of New York · 1903
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