Legal Opinion

Spencer v. Weber

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

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

  1. Field v. SchieffelinNew York Court of Chancery · 1823
  2. Kirsch v. . TozierNew York Court of Appeals · 1894
  3. Suarez v. de MontignyAppellate Division of the Supreme Court of the State of New York · 1896
  4. Dillaye v. Commercial Bank of WhitehallNew York Court of Appeals · 1873

3Cited by2 opinions

  1. Washburn v. BenedictAppellate Division of the Supreme Court of the State of New York · 1899
  2. Washburn v. BenedictAppellate Division of the Supreme Court of the State of New York · 1899

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