Hascall v. . King
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought for the construction of a will, and for the partition of the real estate of the testator.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought for the construction of a will, and for the partition of the real estate of the testator. The will, after giving to his son, Vincent 0. King, Jr., his interest in the business of a firm of which the testator was a member, and in certain factory property, subject to the payment to his widow during her life, or as long as…
1Opinion of the Court
Parker, Ch. J.
Since 1828 tlie Revised Statutes have in terms prohibited the accumulation of the rents and profits of real estate and of the income of personal property, except during the minority and for the sole benefit of minors. (1 R. S. 726, sections 37, 38.) The last sentence of section 38 establishes the penalty to "be visited upon all attempts to offend against these provisions, and reads as follows : “ And all directions for the accumulation of the rents and profits of real estate, except such as are herein allowed, shall be void.” The revisers, in their report, assigned as a reason…
2Cases cited13 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
- Pray v. . HegemanNew York Court of Appeals · 1883
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Kilpatrick v. . JohnsonNew York Court of Appeals · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- In Re the Estate of ColegroveNew York Court of Appeals · 1917
- Henderson v. HendersonSupreme Court of Alabama · 1923
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- Thorn v. . De BreteuilNew York Court of Appeals · 1904
53 more not listed; retrieve them via the Exa API.