Van Voorhis v. . Brintnall
New York Court of Appeals
These are appeals by the plaintiffs and certain of the defendants from a judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, M3 Hun, 264.) The nature of the action and the material facts are stated in the opinion. and defendant Sarah A. Brintnall, appellants.
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These are appeals by the plaintiffs and certain of the defendants from a judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, M3 Hun, 264.) The nature of the action and the material facts are stated in the opinion. and defendant Sarah A. Brintnall, appellants. The estate is to be held intact as a unit, and the income of the whole, after being ascertained, is to be divided in the proportions designated. (Coster…
1Opinion of the CourtDanforth, J.
By this action the plaintiffs seek a construction of the-will of Elias W. Yan Yoorhis deceased, and an adjudication as to the right under it of the defendant, Bose Yan Yoorhis. • The questions turn upon these facts: The testator died in 1869, leaving a widow and three children, Elias, Sarah and Barker. The widow and Elias were appointed executors. By the will a specific devise was made to his wife, and the residue of the estate given to the executors in trust, “ so long as his wife should live,” for the accumulation of income and payment by them as therein directed. By its second clause two-…
2Cases cited15 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
- Decouche v. SavetierNew York Court of Chancery · 1817
- Sims v. . SimsNew York Court of Appeals · 1878
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3Cited by125 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Lanham v. LanhamWisconsin Supreme Court · 1908
- Miller v. . MillerNew York Court of Appeals · 1883
- Thorp v. . ThorpNew York Court of Appeals · 1882
- Barker v. StateOhio Supreme Court · 1980
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