Legal Opinion
In Re the Estate of West
New York Court of Appeals
Decided January 14, 1943PublishedCited by 21 opinions
1Opinion of the CourtFinch, J.
The question presented for decision is the constitutionality and construction of the provisions of subdivision -2 of section 17-c of the Personal Property Law (L. 1940, ch. 452, effective April 13, 1940; Cons. Laws, ch. 41) in so far as the same modify retroactively the rules relating to mortgage salvage operations.
The new statutory rules allot to the life tenant out of the net income earned from the operation of real estate in salvage, an annual amount up to three per cent of the face value of the mortgage investment. Such right is granted in lieu of the discretion vested in the trustee…
2Cases cited10 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- In Re the Will of ChapalNew York Court of Appeals · 1936
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
- J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Demorest v. City Bank Farmers Trust Co.Supreme Court of the United States · 1944
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
- Bucho Holding Co. v. Temporary Housing Rent CommisionNew York Court of Appeals · 1962
- San Antonio Loan & Trust Co. v. HamiltonTexas Supreme Court · 1955
16 more not listed; retrieve them via the Exa API.