Moncrief v. . Ross
New York Court of Appeals
Appeal from judgment of the General Term of the Common Pleas for the city and county of ISTew York, affirming a judgment in favor of defendants, entered upon the report of a referee. The action was brought to compel defendant Ross, as executor of the last will and testament of James Moncrief, to account for the rents collected by him from the real estate of the deceased, and to pay to plaintiff one-third thereof.
Read the full summary
Appeal from judgment of the General Term of the Common Pleas for the city and county of ISTew York, affirming a judgment in favor of defendants, entered upon the report of a referee. The action was brought to compel defendant Ross, as executor of the last will and testament of James Moncrief, to account for the rents collected by him from the real estate of the deceased, and to pay to plaintiff one-third thereof. James Moncrief died February 1,1871, seized of a large amount of real estate situate in the city of New York, leaving plaintiff, his brother, and defendants Agnes A. Moore and Jane…
1Opinion of the CourtQboveb, J.
The testator, by the fifth clause of his will, devised the net income arising from his real estate, to his mother during her life, and at and upo'n her death, after paying the expenses of her suitable burial, By the sixth clause he directed that a burial plot owned by him in a cemetery be properly inclosed and a vault and’monument erected thereon. The seventh clause is as follows: (c Thereupon I direct my executor to sell and dispose of all the real estate whereof I may die seized, except the plot aforesaid, at public or private sale, hereby authorizing and empowering him to make and deliver…
2Cases cited4 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- White v. . HowardNew York Court of Appeals · 1871
- Wright v. BlackNew York Supreme Court · 1829
- Campbell v. JohnstonNew York Court of Chancery · 1843
3Cited by39 opinions
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Morse v. . MorseNew York Court of Appeals · 1881
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Hope v. . BrewerNew York Court of Appeals · 1892
34 more not listed; retrieve them via the Exa API.