Chisolm v. Hamersley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Katharine Livingston Hamersley and another, from certain portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 6tli day of June, 1905, upon the decision of the court, rendered after a trial at the New York Special Term settling the accounts of the plaintiff.
1Opinion of the Court
Houghton, J.:
Certain real property was conveyed to the plaintiffs in trust to apply the rents and profits thereof, “ after deducting all necessary or usual charges ” and commissions, to Margaret W. Chisolm, after-wards Hamersley, during her life, and on her decease “ to convey, assign and set over the premises ” conveyed, or the proceeds in case of sale, to her issue in such shares as she might by last will and testament limit and appoint, or, in default of such appointment, to her issue per stirpes. Margaret W. Hamersley died leaving _ a will by which she exercised this right of appointment…
2Cases cited5 opinions
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
- In Re the Judicial Settlement of the Account of WilletsNew York Court of Appeals · 1889
- Naylor v. GaleNew York Supreme Court · 1893
- Woodruff v. Imperial Fire Insurance Co. of London, EnglandNew York Court of Appeals · 1882
- Roosevelt v. AlenAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by14 opinions
- In re the Judicial Settlement of the Account of LydonAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of SaphirNew York Surrogate's Court · 1973
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- In re the Estate of CruikshankNew York Surrogate's Court · 1938
- In re the Judicial Settlement of the Intermediate Account of WalterAppellate Division of the Supreme Court of the State of New York · 1925
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