Robbins v. Mount
The Superior Court of New York City
Appeals from orders made at special term, denying motions for a new trial. The action was to recover damages for injury to the plaintiffs’ property by water. They occupied, as tenants, the first floor of the building on the north west corner of Broad wav and Worth street, in the city of New York. The upper parts of said building were occupied as officés, one of said parts, being upon the second floor, was occupied by George Gifford, as a law office.
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Appeals from orders made at special term, denying motions for a new trial. The action was to recover damages for injury to the plaintiffs’ property by water. They occupied, as tenants, the first floor of the building on the north west corner of Broad wav and Worth street, in the city of New York. The upper parts of said building were occupied as officés, one of said parts, being upon the second floor, was occupied by George Gifford, as a law office. The building was formerly owned by William B. Moffat, who died in April, 1862, devising his real estate to the defendants, Oora and Myra Moffat,…
1Opinion of the Court
By the Court,
Mohell, J.
William B. Moffat, by his will, devised his real estate to his two infant daughters, the defendants Cora and Myra Moffat. The devise was in fee simple absolute, without condition or limitation. Upon the death of the testator, the devisees became seised, as tenants in *559common, and entitled to the rents and profits. Until the appointment of guardians of their estates, (2 R. S. 150, §§ 3,10; Vail v. Vail, 4 Paige, 317; Bradley v. Amidon, 10 id. 235,) the duty of collecting and receiving such rents and profits was imposed by the will upon the executors. But the executors…
2Cases cited10 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Howard v. DoolittleThe Superior Court of New York City · 1854
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3Cited by2 opinions
- Woodson v. HareSupreme Court of Alabama · 1943
- Carroll v. HarrisonDistrict Court, W.D. Virginia · 1943