Cutting v. . Cutting
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the March term, 1880, which modified a judgment in favor of plaintiff, entered upon an order overruling demurrers to the complaint herein. (Reported below, 20 Hun, 360.) The nature of the action and the material allegations of the complaint are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the March term, 1880, which modified a judgment in favor of plaintiff, entered upon an order overruling demurrers to the complaint herein. (Reported below, 20 Hun, 360.) The nature of the action and the material allegations of the complaint are set forth in the opinion. The power of appointment created by the will of Gertrude Cutting is a general beneficial power, and is valid, and there was a valid exercise thereof under the Revised Statutes. (1 R. S. 732, §§ 77,…
1Opinion of the Court
Folger, Ch. J.
This is a suit in equity, seeking to charge a debt owned by the plaintiff, against the estate of Fulton Cutting, deceased, upon certain estate, made up of real and personal property. The estate sought to be charged was owned, in her life-time, by Mrs. Gertrude Cutting, the mother of Fulton Cutting. She made a will, and died; by which will she gave that estate to executors, in trust, to take the rents and profits during his life, and apply them to -his use; and upon his decease, to make over the body of the estate to whomsoever he should by his will appoint to receive it. He made…
2Cases cited13 opinions
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- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Williams v. . ThornNew York Court of Appeals · 1877
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- Griffin v. . GriffinNew York Court of Appeals · 1872
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