Ireland v. . Ireland
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1880, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 18 Hun, 362.) The nature of the action and the facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1880, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 18 Hun, 362.) The nature of the action and the facts are set forth sufficiently in the opinion. The application of the income rested in the discretion of the executor, and the court cannot interfere with the exercise of such discretion unless it appears that the executor is acting mala fide. ( Withers v. Yeadon, 1 Rich. Eq. [Ct.…
1Opinion of the CourtEarl, J.
This action was brought to compel an accounting by the defendant Robert Ireland, as trustee under the will of William B. Ireland, deceased, and the other defendant was made a party to the action on account of her interest in the trust. The material facts bearing upon the controversy between the parties are as follows:
William B. Ireland, a resident of the city of Rew York, died in the year 1865, leaving a, will, executed the previous year, in which, after some specific bequests to his wife, he devised and bequeathed all the residue of his prop- , erty to his wife for life, and appointed her…
2Cited by35 opinions
- In re the Estate of HaydenNew York Surrogate's Court · 1939
- In re the Construction of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1924
- In re the Estate of ChusidNew York Surrogate's Court · 1969
- In re the Estate of CowenNew York Surrogate's Court · 1933
- Hearst v. McClellanAppellate Division of the Supreme Court of the State of New York · 1905
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