Hitchcock v. . Peaslee
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 12, 1894, which affirmed an order of Special Term confirming the report of a referee and denying a motion to require Fanny M. Peaslee to give security for a portion of a trust fund created by the will of Edmund E. Peaslee, deceased. The facts, so far as material, are stated in the opinion. The practice of the appellants was correct.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 12, 1894, which affirmed an order of Special Term confirming the report of a referee and denying a motion to require Fanny M. Peaslee to give security for a portion of a trust fund created by the will of Edmund E. Peaslee, deceased. The facts, so far as material, are stated in the opinion. The practice of the appellants was correct. The proper method of amending or enforcing a final judgment when subsequent directions( from the court are necessary is by a motion in the action at the foot…
1Opinion of the CourtFinch, J.
This appeal should be dismissed. The father of the defendant Fanny M. Peaslee by his will gave to her “twenty thousand dollars in trust, the same to revert at her death without issue equally ” to his wife and son. An action was brought by his executors, seeking to some extent a construction of the will, in which it was adjudged that the fund of twenty thousand dollars was payable to the daughter and should be put in her possession, but that she was not at liberty to spend or waste the principal and was bound to keep it securely invested for the benefit of those entitled to the contingent…
2Cited by3 opinions
- Collins v. Bertram Yacht Corp.New York Court of Appeals · 1977
- Lowery v. HelveringCourt of Appeals for the Second Circuit · 1934
- Seaward v. DavisAppellate Division of the Supreme Court of the State of New York · 1909