Mitchell v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Queens County. Action for partition by Ada H. Mitchell against Charles L- Mitchell and others. From a judgment for plaintiff, overruling their demurrer to the complaint, defendants 'appeal.
1Opinion of the CourtThomas, J.
The testator gave to his executors all his property, including real estate, to be held in trust by them, invested and reinvested, and the rents, income, and profits thereof collected by his said executors and paid over by them to his wife, Rebecca Mitchell, during her-life; and he directed that after her death his executors sell all his real estate and personal property remaining in their hands, and divide the proceeds thereof equally among his three sons, William E. Mitchell, Frank F. Mitchell, and Charles L. Mitchell, deducting from the share of William E. Mitchell the.sum of $1,000; and he…
2Cases cited33 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Dee v. DeeIllinois Supreme Court · 1904
- Bank of Ukiah v. RiceCalifornia Supreme Court · 1904
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