Legal Opinion

Miller v. Crawford

New York Supreme Court

Decided February 15, 1891PublishedCited by 3 opinions

At chambers. Laws FT. Y. 1875, c. 542, § 1, provides as follows: “All rents reserved on any lease granted after the passing of this act, and all annuities, dividends, and other payments of every description, made payable or becoming due at fixed periods under any instrument executed after the passing of this act, or (being a last will and testament) that shall take effect after the passing of this act, shall be apportioned so that on the death of any person interested in any…

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At chambers. Laws FT. Y. 1875, c. 542, § 1, provides as follows: “All rents reserved on any lease granted after the passing of this act, and all annuities, dividends, and other payments of every description, made payable or becoming due at fixed periods under any instrument executed after the passing of this act, or (being a last will and testament) that shall take effect after the passing of this act, shall be apportioned so that on the death of any person interested in any such rents, annuities, dividends, or other payments as aforesaid, or in the estate or fund from or in respect to which…

1Opinion of the CourtLawrence, J.

This is an application for instructions by a receiver of the rents of certain property belonging in fee-simple to Thaddeus 0. Kinnier at the time of his death, which occurred on February 4, 1890. The rents of said real estate collected by the receiver are conceded to-fall into three classes: First, rents which were payable in advance, and were due on the 1st day of February, 1890, before Kinnier’s death; second, rents which were not payable in advance, and which did not become due until after Kinnier’s death, but which were partly earned before his death; and, third, rents which were entirely…

2Cases cited2 opinions

  1. In re WeeksNew York Surrogate's Court · 1887
  2. In re EddyNew York Supreme Court · 1881

3Cited by3 opinions

  1. In re FranklinNew York Surrogate's Court · 1899
  2. In re the Judicial Settlement of the Account of Dudley M.New York Surrogate's Court · 1899
  3. Bartlett v. BunnNew York Supreme Court · 1889

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