Hascall v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Vincent 0. King, Jr., and another, as executors and trustees under the last will and testament of Vi-n-dent 0. King, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of June, 1900, granting costs and an allowance to the plaintiff and costs and an allowance to the defendants Smith and Hilton, and also from so much of an order, made at the-…
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Appeal by the defendants, Vincent 0. King, Jr., and another, as executors and trustees under the last will and testament of Vi-n-dent 0. King, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of June, 1900, granting costs and an allowance to the plaintiff and costs and an allowance to the defendants Smith and Hilton, and also from so much of an order, made at the- New York Special Term and entered in said clerk’s office on the 26th day of June, 1900, as granted separate bills of…
1Opinion of the Court
Hatch, J.:
This action was brought to procure an ad judication of the will of the late Vincent C. King,- declaring the same invalid and incidentally for a partition of his real estate.. The litigation involved, among other things, the validity of the trust attempted to be created by the 6th clause of the will. The trust estate so attempted to be created consisted, chiefly, of -real estate of the value of $150,000. The cause was tried at Special Tern^ where the complaint was dismissed and the *443will adjudged to be valid, with costs, and an allowance of $1,000 to the defendant executors, payable…
2Cases cited13 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Hascall v. . KingNew York Court of Appeals · 1900
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Taylor v. ReadNew York Court of Chancery · 1834
- Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
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3Cited by2 opinions
- Fulton v. KrullAppellate Division of the Supreme Court of the State of New York · 1912
- Talcott v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1904