Rathbone v. . Hooney
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon the decision of the court upon trial without a jury. _ This was an action of ejectment brought to recover possession of a certain house and lot in the city of Brooklyn. On or about April 1st, 1857, one Rebecca Smith died seized of the premises in question.
Read the full summary
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon the decision of the court upon trial without a jury. _ This was an action of ejectment brought to recover possession of a certain house and lot in the city of Brooklyn. On or about April 1st, 1857, one Rebecca Smith died seized of the premises in question. By her will, duly admitted to probate June 22d, 1857, she disposed of these premises in the following language, to wit: “ I give and devise my house and lot, known as (107) one hundred and seven Pearl street, in…
1Opinion of the CourtAndrews, J.
Mary A. Brown took, under the will of Rebecca Smith, an estate as trustee for the life of Maria Rathbone in the premises in question, and also a vested remainder in fee. The trust was to receive the rents and profits of the land, and apply them to the use of Maria Rathbone during her life, and is one of the express- trusts authorized by the Revised Statutes. (1 R. S., 729, § 55.) Mary A. Brown-had therefore, after the death of the testatrix, an interest in the premises as trustee, and also in her own right as remainderman. In respect to the latter she had .complete power of disposition. -She…
2Cited by66 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Leonard v. . PierceNew York Court of Appeals · 1905
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
61 more not listed; retrieve them via the Exa API.