Horton v. . McCoy
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying the application of defendant, McCoy, for an order that "certain moneys be paid over to him.
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Appeal from an order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying the application of defendant, McCoy, for an order that "certain moneys be paid over to him. Susan E. Ackerman made her will, dated February 6, 1867, and died in the year 1867, leaving five children, one of whom, the plaintiff, Oscar B. Collins, was an adult, and the other four were infants, and the defendants, one of whom, Annie D. McCoy, was the wife of appellant. By her will, Mrs. Ackerman directed her executors to sell one part of her farm at such time…
1Opinion of the Court
Church, Ch. J.
This is an appeal from an order denying the application of the defendant McCoy, to have the money representing the alleged interest of his late wife in the fund realized from the sale of certain real estate of the testatrix, paid over to him in accordance with the will of his said wife. Mrs. McCoy was over eighteen and under twenty-one years of age when she made the will and when she died, and had power therefore to dispose of personal property, hut not real estate, and the question to he determined is, whether the proceeds of the sale are to be regarded as personal or real…
2Cases cited4 opinions
- Sweezy v. ThayerThe Superior Court of New York City · 1852
- Bogert v. FurmanNew York Court of Chancery · 1843
- Adams v. BeekmanNew York Court of Chancery · 1829
- Robinson v. McGregorNew York Supreme Court · 1853
3Cited by36 opinions
- Betts v. BettsNew York Supreme Court · 1878
- Ametrano v. . DownsNew York Court of Appeals · 1902
- In Re the Judicial Settlement of Accounts of BoltonNew York Court of Appeals · 1899
- In re the Estate of VanderbiltNew York Surrogate's Court · 1927
- Howell v. . MillsNew York Court of Appeals · 1874
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