Dunn v. Travis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Harvey Travis, from that portion of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of -the county of Hew York on the oth day of February, 1895, upon the report of a referee, which adjudges that, the moneys in the hands of the plaintiffs to be distributed to the parties interested therein should be divided into 390 ■equal parts, and that it is unknown who is the person entitled to 30 of said parts,…
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Appeal by the defendant, James Harvey Travis, from that portion of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of -the county of Hew York on the oth day of February, 1895, upon the report of a referee, which adjudges that, the moneys in the hands of the plaintiffs to be distributed to the parties interested therein should be divided into 390 ■equal parts, and that it is unknown who is the person entitled to 30 of said parts, and directing that the plaintiffs pay the same into the treasury of the State of Hew: York.
1Opinion of the Court
Patterson, J.:
The plaintiffs, trustees under the last will- and testament of Jacob Travis, deceased, brought this action setting forth in their complaint^ among other things, that in the distribution of the residuary estate-of their testator, under the provisions of his will, various questions and doubts had arisen or would arise respecting such distribution, and the aid and instruction of the court was sought'in the ascertainment of the rights of the various distributees entitled to that residuary estate. Construction of the. will was sought as to such distribution and the court was asked to…
2Cases cited4 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Eagle's CaseNew York Surrogate's Court · 1856
- Dworsky v. ArndtsteinAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by15 opinions
- In re the Judicial Settlement of the account WagenerAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Cerf v. . DienerNew York Court of Appeals · 1914
- In re the Judicial Settlement of the Account of RoweAppellate Division of the Supreme Court of the State of New York · 1921
- Town of Van Buren v. City of Syracuse, New York County Courts1911
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