Trask v. . Sturges
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1900, except so far as it affirms so much of the former judgment as adjudged that the complaint herein be dismissed; that the first counterclaims in each of the amended answers be dismissed and that no costs be allowed to the defendants against the plaintiffs, affirming a judgment of Special Term construing the will of Benjamin I. II. Trask, deceased.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1900, except so far as it affirms so much of the former judgment as adjudged that the complaint herein be dismissed; that the first counterclaims in each of the amended answers be dismissed and that no costs be allowed to the defendants against the plaintiffs, affirming a judgment of Special Term construing the will of Benjamin I. II. Trask, deceased. The facts, so far as material, are stated in the opinion. The provision for a sale of certain of the real property at…
1Opinion of the Court
. Martin, J.
The original purpose of this action was to compel the defendant Sadie Trask Sturges, one of the executors of the last will and testament of Benjamin I. H. Trask, to unite with the plaintiffs, her co-executors, in selling certain real estate mentioned and described in the third clause of the testator’s will. The defendants appeared and answered, admitting some and denying other allegations of the complaint, and then set up two counterclaims ; one, to procure the removal of the plaintiffs as executors, and the other, - to obtain a judicial construction of the testator’s will.
Upon…
2Cases cited15 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Woodward v. . JamesNew York Court of Appeals · 1889
- Roe v. . VingutNew York Court of Appeals · 1889
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Campbell v. . BeaumontNew York Court of Appeals · 1883
10 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Leggett v. . StevensNew York Court of Appeals · 1906
- Seitz v. . FavershamNew York Court of Appeals · 1912
- Givens v. OttSupreme Court of Missouri · 1909
- In re the Construction of the Will of StephanNew York Surrogate's Court · 1950
- In re the Construction of the Will of HerzNew York Surrogate's Court · 1953
31 more not listed; retrieve them via the Exa API.