Mitchell v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles L. Mitchell and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 5th day of November, 1909, upon the decision of the court rendered after a trial at the Queens County Special Term overruling the said defendants’ demurrer to the complaint.
1Opinion of the Court
Thomas, J.:
The testator gave to his executors all his property, including real estate, to be held in trust by them, invested and reinvested, and the rents, income and profits thereof collected by his said executors and paid over by them to his wife, Rebecca Mitchell, during her life, and he directed that after her death his executors sell all his real estate and personal property remaining in their hands and divide the proceeds thereof equally among his three sons, William E. Hit*16chell, Frank F. Mitchell and Charles L. Mitchell, deducting from the share of William E. Mitchell the sum of…
2Cases cited4 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Horsfield v. BlackAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Hull v. McCrackenSupreme Court of Missouri · 1931
- John v. TurnerWest Virginia Supreme Court · 1939
- Danaher v. HildebrandNew York Supreme Court · 1911