King v. Irving
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Carrie A. S. King and another, as executrices, etc., against George Irving. From an order directing that an execution issue against income received under a will, defendant appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
This appeal is from an order directing that an execution issue under section 1391 of the Code of Civil Procedure, as amended by chapter 461, p. 1071, of the Laws of 1903. The appellant, under his brother’s will, which was admitted to probate by *1095the Surrogate’s Court of the county of New York on the 25th of October, 1894, is entitled to receive a certain income from a trust fund created therein, and held by the executrices and trustees thereof. The will provides that one-third of the income from such fund is “to be paid by my said executrix and executors and trustees to my said brother George…
2Cases cited4 opinions
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Bottjer v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Bottjer v. Supreme Council American Legion of HonorNew York Supreme Court · 1902
- Bottjer v. Supreme Council American Legion of HonorAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Bayliss v. RyanNew York County Court, Erie County · 1909