Manion v. Peoples Bank of Johnstown
New York Court of Appeals
I. The testatrix gave and the life tenant possessed an absolute power of disposition for his own benefit. (Wells et al. v. Wells et al., 88 N. Y. 323; Matter of Drury, 249 N. Y. 154; Matter of Horner, 237 N. Y. 489; Matter of Gallien, 247 N. Y. 195.) II. The mortgage to the bank is valid under section 149 of the Peal Property Law. (Farmers’ Loan & Trust Go. v. Kip, 192 N. Y. 266; Stafford v. Washburn, 145 App.
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I. The testatrix gave and the life tenant possessed an absolute power of disposition for his own benefit. (Wells et al. v. Wells et al., 88 N. Y. 323; Matter of Drury, 249 N. Y. 154; Matter of Horner, 237 N. Y. 489; Matter of Gallien, 247 N. Y. 195.) II. The mortgage to the bank is valid under section 149 of the Peal Property Law. (Farmers’ Loan & Trust Go. v. Kip, 192 N. Y. 266; Stafford v. Washburn, 145 App. Div. 784; Matter of Davies, 242 N. Y. 196; Terry et al. v. Wiggins et al., 47 N. Y. 512; Hasbrouck v. Knob-lauch, 130 App. Div. 378; Barr v. Howell, 85 Mise. 330; Matter of Shelly, 159…
1Opinion of the CourtLotjghraN, J.
Julia Manion died August 10, 1920, a resident of the city of Johnstown, county of Pulton. Sbe was survived by two sons, Michael and Martin. Her last will and testament was admitted to probate by the Surrogate’s Court of that county on October 18,1920. The material words thereof are After all my lawful debts are paid and discharged, I give, devise and bequeath unto my son, Michael Manion, of Johnstown, N. Y., all that certain lot, piece or parcel of land situated in the City of Johnstown, in the County of Pulton, and State of New York, known as Lot No. 210, on the east side of Meadow Street ⅜…
2Cases cited5 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- Dwight v. FancherNew York Court of Appeals · 1927
- Sweeney v. . WarrenNew York Court of Appeals · 1891
- In re the Estate of WebbNew York Surrogate's Court · 1923
- Cotton v. . BurkelmanNew York Court of Appeals · 1894
3Cited by15 opinions
- In re the Accounting of KroossNew York Court of Appeals · 1951
- In re the Accounting of KeyserlingNew York Court of Appeals · 1954
- Commissioner of Internal Revenue v. NewmanCourt of Appeals for the Second Circuit · 1947
- In re the Estate of WittnerNew York Court of Appeals · 1950
- Estate of Opal v. CommissionerUnited States Tax Court · 1970
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