McIntyre v. Clark
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Alice -McIntyre against Daniel Clark and others for partition. From interlocutory and final judgments all the defendants except Edward Duffy appeal. February 23, 1875, John Clark died seised of the premises in question.
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Appeal from judgment on report of referee. Action by Alice -McIntyre against Daniel Clark and others for partition. From interlocutory and final judgments all the defendants except Edward Duffy appeal. February 23, 1875, John Clark died seised of the premises in question. He left a will, which provides, among other things, as follows: “Item 6. My property situated at the southeast corner of Avenue A and East 23rd street, in the city of New York, being the only portion of my real estate from which any income is now derived, I direct to be managed by my executors as follows: All taxes,…
1Opinion of the CourtPryor, J.
Upon the argument the single question in controversy was whether the lease of Catherine Duffy survived the death of the lessor. It is manifest upon the face of the will that, besides the power to sell, lease, or mortgage, the executors were to be in possession of the premises, to receive the rents and profits, and to apply them for the security of the property, and for the support of the beneficiaries of the trust. It results, therefore, if the devise be valid, that the executors took, not a power only, but the estate itself. 1 Edm. St. p. 677, § 47; Id. p. 678, §§ 55, 56; Ward v. Ward, 105…
2Cases cited6 opinions
- Greene v. . GreeneNew York Court of Appeals · 1891
- Ward v. . WardNew York Court of Appeals · 1887
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Haynes v. . ShermanNew York Court of Appeals · 1889
- Kennedy v. . HoyNew York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Matlack v. KlineSupreme Court of Missouri · 1919
- Dupree v. Worthen Bank & Trust Co.Supreme Court of Arkansas · 1976
- Nesbitt v. ThompsonNew York Supreme Court · 1916
- Snedecker v. ThompsonNew York Supreme Court · 1899