Leask v. McCarty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Emma McCarty, from a judgment of the Supreme Cburt in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 8th day of January, 1910, upon the decision of the court rendered after a trial at the New York Special Term.
1Dissent
Clarke, J. (dissenting):
Hudson Hoagland died January 80, 1904, leaving a last will and testament executed November 16, 1903. The defendant was his niece. The plaintiffs are his executors. In his will he created a trust in the sum of $40,000, the income and profits to be paid to defendant for life and upon her death to revert to and become part of the residuary estate. She is also one of his residuary legatees. On October 19, 1907, the executors distributed $650,000 of the.residuary estate, of which $25,663.20 was defendant’s proportionate share; The executors gave her a check for $18,700.70…
2Cases cited5 opinions
- Adams v. CowenSupreme Court of the United States · 1900
- Leask v. . RichardsNew York Court of Appeals · 1907
- Leask v. RichardsAppellate Division of the Supreme Court of the State of New York · 1906
- Leask v. McCartyAppellate Division of the Supreme Court of the State of New York · 1909
- Leask v. McCartyNew York Supreme Court · 1908