Legal Opinion

Scott v. . Stebbins

New York Court of Appeals

Decided March 13, 1883PublishedCited by 31 opinions

Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1882, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.

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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1882, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 27 Hun, 335.) This action was brought against defendants as the executors of, and against defendant Stebbins as trustee under, the will of Russell F. Hicks, deceased, to have a legacy of $5,000 given by said will to A. Hammond Hicks, declared a lien on the lands devised by said will to said trustee, and paid out of the proceeds…

1Opinion of the CourtMilleb, J.

The testator by his will bequeathed to his son, A. Hammond Hicks, the undivided half of certain real estate situate in Iowa, and also a legacy of $5,000, payable one year after his decease. The other son he gave the other undivided half of the real estate in Iowa, a legacy of $2,000, and discharged him from certain debts. Certain other legacies are made, and then the testator devised and bequeathed all the rest, residue and remainder of his estate, both real and personal, “not herein effectually disposed of, which I may own at the time of my decease, to Charles Stebbins, Jr., of Cazenovia, in…

2Cases cited2 opinions

  1. Bevan v. . CooperNew York Court of Appeals · 1878
  2. Lupton v. LuptonNew York Court of Chancery · 1817

3Cited by31 opinions

  1. Chew v. . SheldonNew York Court of Appeals · 1915
  2. Carley v. . HarperNew York Court of Appeals · 1916
  3. In re the Estate of LilienthalNew York Surrogate's Court · 1930
  4. In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
  5. Elliott v. Landis Machine Co.Supreme Court of Missouri · 1911

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