Legal Opinion

Howard v. Leonard

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 4 opinions

Appeal by the defendants, Elizabeth De Witt Leonard and Jeremiah Potter Robinson, as executor and trustee,, etc., of Jeremiah P. Robinson, deceased, from a judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of Kings on the 10th . day of October, 1895, upon the report of a. referee. . This action is in the nature of a creditor’s bill to reach surplus income of the defendant Elizabeth De Witt Leonard, against whom the…

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Appeal by the defendants, Elizabeth De Witt Leonard and Jeremiah Potter Robinson, as executor and trustee,, etc., of Jeremiah P. Robinson, deceased, from a judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of Kings on the 10th . day of October, 1895, upon the report of a. referee. . This action is in the nature of a creditor’s bill to reach surplus income of the defendant Elizabeth De Witt Leonard, against whom the plaintiff holds a judgment.

1Opinion of the Court

Hatch, J.:

The defendant Leonard- is a daughter of Jéremiah P. Robinson,, who died leaving a large estate. .By..the terms of his will, so. far as essential to any cpiestion arising in this case, the devise, to his daughter was in trust as follows: “ Her share shall be held and kept invested, for the life of said daughter by my executors, or the survivors or survivor of them, and the net interest and income thereof shall, as it accrues,, be paid to- her,, or applied to' her uSe so-long as she shall live.” The will also devised to his wife, Elizabeth Robinson, certain personal property and…

2Cases cited6 opinions

  1. Williams v. . ThornNew York Court of Appeals · 1877
  2. Campbell v. . FosterNew York Court of Appeals · 1866
  3. Clute v. BoolNew York Court of Chancery · 1840
  4. Sillick v. MasonNew York Court of Chancery · 1847
  5. Stow v. ChapinNew York Supreme Court · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re CondonDistrict Court, S.D. New York · 1912
  2. Sherman v. SkuseAppellate Division of the Supreme Court of the State of New York · 1899
  3. Ellis v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1914
  4. Keeney v. MorseNew York Supreme Court · 1901

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