Seaward v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buell G. Davis, as executor, etc., from a final judgment of the Supreme Court in favor of the plaintiff, éntered in the. office of the clerk of - the county of Kings on the 29th day of August, 1908, and also from an interlocutory judgment in favor of the plaintiff entered in the. office of the clerk of said county on the 13th day of July, 1908, upon the decision of the court rendered after a trial at the Kings County Special (Term.
1DissentBurr, J.
This action relates to the personal property of which William Z. King died possessed. By his will his widow, Mary E. King, was given the use of the said personalty during her life. If this had been the only provision of said will relating to her, the determination of this case would be easy, for she would hold the property in trust for those who might be entitled to the same after her death. The corpus of that trust wq,uld be the entire fund which she received. (Hitchcock v. Peaslee, 145 N. Y. 547; Matter of McDougall, 141 id: 21.) But Mrs. King was entitled not only to use the income of the…
2Cases cited6 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Flanagan v. FlanaganNew York Supreme Court · 1880
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CornellNew York Court of Appeals · 1902
- Tuthill v. DavisAppellate Division of the Supreme Court of the State of New York · 1907
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