Spencer v. Weber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frank F. Spencer and another, from a judgment of the Supreme Court in favor of the defendant Henry . Weber, entered in the office of the clerk of the county of Kings on the 15tli day of July, 1897, upon the decision of the -court rendered after a trial at. the.Kings County Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Goodrich, P. J.:
The action is primarily brought to foreclose a mortgage of $3,000, made by the-defendant Henry Weber and wife, to the defendant Alston, as substituted .trustee under the will of Thomas T. Spencer, ■deceased. Incidentally the plaintiffs demand that the ■ assignment of the mortgage by the trustee to the defendant Maben and a certificate of satisfaction executed by Maben be adjudged void and vacated.
Thomas T. Spencer died on October 28, 1877, leaving a will which was admitted to-probate in January, 1878, and contained the following provisions :
“Fifth. As soon as my said executors…
2Cases cited4 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Suarez v. de MontignyAppellate Division of the Supreme Court of the State of New York · 1896
- Dillaye v. Commercial Bank of WhitehallNew York Court of Appeals · 1873
3Cited by2 opinions
- Washburn v. BenedictAppellate Division of the Supreme Court of the State of New York · 1899
- Washburn v. BenedictAppellate Division of the Supreme Court of the State of New York · 1899