Holden v. . Strong
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Coart in the fourth judicial department, entered upon an order made October 7, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Coart in the fourth judicial department, entered upon an order made October 7, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion. It was clearly the design of the testator to liberally provide for the plaintiff a decent living, and if the executor and trustee has not done so, from the inception of the trust reposed in him, a court of equity has the power, and it is its duty, to control his…
1Opinion of the CourtHaight, J.
This action was brought to procure a judicial construction of the will of Hernán Holden, deceased, the father of the plaintiff, and to procure a decree, giving directions to Charles D. Strong, the executor and trustee, as to the amount that he should pay over to the plaintiff, annually and to recover from him a sum sufficient to compensate the plaintiff for his past support and maintenance.
The trial court has found, as facts, that Heman Holden died on or about the 17th day of May, 1874, leaving a last will and testament which has been duly proved and admitted to probate, and by which he…
2Cited by67 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936
- Rezzemini v. . BrooksNew York Court of Appeals · 1923
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
- Lincoln Rochester Trust Co v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
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