Brown v. . Knapp
New York Court of Appeals
Appear from judgment of the Genera.! Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court on trial without a jury. This action was originally brought against William S-. Brown, as executor of the will of Samuel Brown, deceased, to recover interest on a legacy given to plaintiff by said will.
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Appear from judgment of the Genera.! Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court on trial without a jury. This action was originally brought against William S-. Brown, as executor of the will of Samuel Brown, deceased, to recover interest on a legacy given to plaintiff by said will. After the decision was filed, but before judgment was perfected, said defendant died ; by order of the court judgment was entered as of the date of the trial. The present defendants, the administrator' with the…
1Opinion of the CourtEarl, J.
Samuel Brown, the testator, died in October, 1867,' at Greenwich, in the State of Connecticut, where he had for many years resided. He left a will which was proved and admitted to probate in that State, in which are the following provisions : He gives his wife the use of his dwelling-house and of one-third of his farm. He gives his daughter the sum of $4.000, to be invested and applied by his executor for her use and maintenance during her life, the executor being directed in case the interest was insufficient for that purpose to apply so much of the principal from time to time as should be…
2Cases cited9 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Harris v. FlyNew York Court of Chancery · 1839
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Wood v. WoodNew York Supreme Court · 1858
- McLachlan v. McLachlanNew York Court of Chancery · 1842
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3Cited by89 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Greene v. . GreeneNew York Court of Appeals · 1891
- Oliver v. WellsNew York Court of Appeals · 1930
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