Grout v. Cooper
New York Supreme Court
MotioN by tbe defendant for a new trial, under section 268 of the Code, after a decision made in this action directing an accounting preparatory to the entry of a final judgment. The action was brought by the administrators of Frances Grout, deceased, to recover the rents, issues and profits of certain premises which were alleged to have been wrongfully received by the defendant, who was the widow of one Joseph Marshall, the father of the said Frances Grout.
1Opinion of the Court
DANIELS, J.:
An action was prosecuted against the defendant in the Superior Court of the city of New York, by the heirs at law of Frances Grout, deceased, and a recovery had for their interest in certain real estate of which Joseph Marshall died seized, and which was withheld from them by the defendants, She was the widow of Marshall, and, by the terms of his will, was bequeathed all his household goods and furniture, personal effects and estate. He then devised to her all his real estate, to have and to hold the same during her widowhood, but no longer. The will then declared : “ The bequest…
2Cases cited3 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Budd v. WalkerNew York Supreme Court · 1850
- Roosevelt v. PostNew York Court of Chancery · 1833