Smith v. Hilton
New York Supreme Court
Appeal from special term, Yew York county; Morgan J. O’Brien, Justice. In this action by Sarah Y. Smith, a legatee of Cornelia M. Stewart, deceased, against Henry Hilton, individually and as executor, etc., to have set aside, as fraudulent, certain conveyances from Mrs. Stewart to Hilton, and for an accounting, in which action others are joined defendants, as persons interested, the defendant Hilton moved to strike out certain portions of the answers of his co-defendants,…
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Appeal from special term, Yew York county; Morgan J. O’Brien, Justice. In this action by Sarah Y. Smith, a legatee of Cornelia M. Stewart, deceased, against Henry Hilton, individually and as executor, etc., to have set aside, as fraudulent, certain conveyances from Mrs. Stewart to Hilton, and for an accounting, in which action others are joined defendants, as persons interested, the defendant Hilton moved to strike out certain portions of the answers of his co-defendants, and, among others, the parts of the following allegations of the answer of Bosalie and Virginia Butler, inclosed in…
1Opinion of the CourtDaniels, J.
The plaintiff is a legatee under the will of Cornelia M. Stewart, deceased. This legacy was given by the third paragraph of the will, amounting to the sum of $250,000. By a third codicil to the will, the testatrix also gave, devised, and bequeathed to her an equal half part of the share of her property and estate previously devised and bequeathed to her nephew, Charles J. Clinch. Under this paragraph of the codicil, she became entitled to an equal undivided one-quarter of the residuary estate of the testatrix. This action has been brought by her to maintain and enforce the provisions of the…
2Cases cited9 opinions
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Clark v. FisherNew York Court of Chancery · 1828
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Derham v. . LeeNew York Court of Appeals · 1882
- Jones v. GrantNew York Court of Chancery · 1843
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3Cited by19 opinions
- Mutual Life Insurance v. United States Hotel Co.New York Supreme Court · 1913
- Hatch v. MatthewsNew York Supreme Court · 1895
- Wagstaff v. MarcyNew York Supreme Court · 1898
- Nauss v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1921
- New York Life Insurance & Trust Co. v. IvesNew York Supreme Court · 1895
14 more not listed; retrieve them via the Exa API.