Sherman v. . Skuse
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made November 22, 1899, reversing a - judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made November 22, 1899, reversing a - judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This is not a case wherein the cestui que trust is entitled to have income as such paid over to him, nor where the amount the cestui que trust is to receive each year is specified in' the will, or ascertainable by any process of…
1Opinion of the CourtWerner, J.
This action is brought to compel the defendant trustees to account for the property, effects, income and interest received by them to which the defendant Frank Skuse has title, or in which he has an interest under the will of Francis N. Skuse; and to account for all payments made therefrom by said trustees, and out of any balance remaining in their hands to pay the plaintiff’s claim against said Frank Skuse for medical services rendered by the former to the lat ter. Francis FT. Skuse, the father of the defendant, left a will _ by the sixth, seventh, eleventh, twelfth and thirteenth clauses of…
2Cases cited4 opinions
- Holden v. . StrongNew York Court of Appeals · 1889
- McArthur v. . GordonNew York Court of Appeals · 1891
- Barnum v. Frost's Adm'rSupreme Court of Virginia · 1867
- Ass'n for the relief of respectable, aged indigent Females v. BeekmanNew York Supreme Court · 1854
3Cited by12 opinions
- Bureau of Support in the Department of Mental Hygiene & Correction v. KreitzerOhio Supreme Court · 1968
- Pond v. HarrisonSupreme Court of Kansas · 1915
- Lee v. CommissionerUnited States Tax Court · 1960
- Cavanagh v. O'ConnorSupreme Court of Iowa · 1922
- In re the Accounting of WestAppellate Division of the Supreme Court of the State of New York · 1944
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