Embury v. . Sheldon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. This action was brought for an accounting on the part of defendant Sheldon as executor and trustee under the will of Daniel Embury, deceased, concerning the rents, profits and income of the estate in his hands, and to require him to pay over a share thereof claimed by plaintiff. The complaint set forth in substance the following facts: Daniel Embury, Sr., made his will in February, 1861.…
1Opinion of the CourtMiller, J.
The testator died in 1864, and by his will, after making certain specific bequests and devises, by the fifth general division, he disposed of the residue of his estate to his executors in trust: First, to receive the income thereof during the lifetime of his wife, and after paying all necessary expenses and the sums necessary for her support, to pay the remainder thereof to his daughter Anna and his three sons, James, Daniel and Philip Augustus, in equal proportions; second, after the decease of his wife, in trust to receive the rents, incomes, issues and profits thereof for and during the…
2Cases cited3 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Thurber v. Harlem Bridge, Morrisania & Fordham RailroadNew York Court of Appeals · 1875
3Cited by46 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
- Scott v. WestWisconsin Supreme Court · 1885
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Stevenson v. . LesleyNew York Court of Appeals · 1877
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