Fincke v. . Fincke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon the decision of the court at Special Term. This action was brought to obtain a construction of the last will and testament of Abijah Manse, Jr., deceased, and of a codicil thereto. The clauses of the will and codicil brought in question are quoted in the opinion. The real estate mentioned therein had not been sold and had yielded no income.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon the decision of the court at Special Term. This action was brought to obtain a construction of the last will and testament of Abijah Manse, Jr., deceased, and of a codicil thereto. The clauses of the will and codicil brought in question are quoted in the opinion. The real estate mentioned therein had not been sold and had yielded no income. The Special Term refused to interfere with the discretion of the trustees as to the time and manner of sale, but decided that…
1Opinion of the CourtGrover, J.
The appeal is from that part of the judgment only which determines that it is the duty of the plaintiffs to pay, to the beneficiaries named in the sixth and seventh clauses of the codicil, a sum, semi-annually, equal to the interest of $30,000, from the income of the residuary estate, from September 6, 1868 (the time of the death of the testa tor), until the real estate therein specified shall be sold under the directions therein given.
The residuary estate, which is large, is by the will divided into eight equal parts, one of which is given to trustees in trust to pay the income to the…
2Cited by3 opinions
- Bradford v. McConihayWest Virginia Supreme Court · 1879
- Kearney v. Missionary Society of St. Paul the ApostleNew York Supreme Court · 1879
- Rodman v. . FinckeNew York Court of Appeals · 1877