Seaward v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buell G. Davis, as executor, etc., from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of April,. 1911, pursuant to an interlocutory judgment entered in said clerk’s office on the 13th day of July, 1908, upon the decision of the court rendered after a trial at the Kings County Special Term, with notice of an intention to bring up for review said interlocutory…
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Appeal by the defendant, Buell G. Davis, as executor, etc., from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of April,. 1911, pursuant to an interlocutory judgment entered in said clerk’s office on the 13th day of July, 1908, upon the decision of the court rendered after a trial at the Kings County Special Term, with notice of an intention to bring up for review said interlocutory judgment, the statement and account of defendant filed on the 20th day of August, .1908, the proceedings before the…
1Opinion of the Court
Woodward, J.:
This case, under the title of Tuthill v. Davis, was before this court (121 App. Div. 290) for a construction of the will of one King, and again on appeal from a final judgment, bringing up the interlocutory judgment (Seaward v. Davis, 133 id. 191), where we modified the judgment by providing that it should not charge the defendant with an arbitrary' sum of $17,268.50 “ as if it was a remainder for which the testator or her successor must account.” The case went to the Court of Appeals (198 17. Y. 415), where the judgment was modified by directing that the accounting .under the…
2Cases cited2 opinions
- Rich v. Manhattan Railway Co.New York Court of Appeals · 1896
- Tuthill v. DavisAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by6 opinions
- Osborn v. . CardezaNew York Court of Appeals · 1913
- Barber v. RoweAppellate Division of the Supreme Court of the State of New York · 1922
- Seaward v. TaskerNew York Supreme Court · 1913
- Seaward v. TaskerNew York Supreme Court · 1913
- Gelman v. Joseph P. Day, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
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