Matter of Hun
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 27, 1894, which affirmed an order of Special Term granting the petition of the executors of the will of Jane 0. Van Schaick, deceased, giving instructions as to the payment of certain assessments upon lands in the city of Albany. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 27, 1894, which affirmed an order of Special Term granting the petition of the executors of the will of Jane 0. Van Schaick, deceased, giving instructions as to the payment of certain assessments upon lands in the city of Albany. The facts, so far as material, are stated in the opinion. The question presented on this application is, simply, whether an assessment for local improvements, levied under the provisions of the charter of the city of Albany, and which has become an existing…
1Opinion of the CourtO’Brien, J.
In this case the executors asked the instructions of the court with respect to their duties and obligations to pay certain assessments, made in the lifetime of the testatrix, upon certain of the real estate devised by the will. The-courts below have held that the assessments ought not to be paid by the executors, but by the devisees who took the land under the will. The devisees claim that it should be paid by the executors, and this contention presents the only question involved in the appeal.
Jane C. Yan Schaick died May 20, 1893, leaving a will in which the petitioners were named as…
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