Pray v. . Hegeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12,1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Mem. of decision below, 27 Hun, 603.) This action was in the nature of a creditor’s bill.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12,1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Mem. of decision below, 27 Hun, 603.) This action was in the nature of a creditor’s bill. It was originally brought by John Dikeman, the judgment creditor, against Austin D. Moore, Jr., the judgment debtor, and Joseph Hegeman, as executor and 'trustee under the will of Austin D. Moore, Sr., its object being to reach a fund in the hands of…
1Opinion of the CourtAndrews, J.
The explicit language of the fourth clause of the will leaves no doubt that it was the intention of the testator that during the minority of his children, the surplus income of their several shares should be capitalized, and that thereafter they should be entitled only to the income on the original share, as augmented by the accumulations, and that upon the death of. any child, the whole of the original share of the one so dying, together with the accumulations, should go to his or her issue, or in default of issue, as otherwise provided in the will. The sixth subdivision of that clause,…
2Cases cited7 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Lang v. RopkeThe Superior Court of New York City · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- In Re the Accounting of OsborneNew York Court of Appeals · 1913
- Pray v. . HegemanNew York Court of Appeals · 1885
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Scott v. WestWisconsin Supreme Court · 1885
- Hascall v. . KingNew York Court of Appeals · 1900
47 more not listed; retrieve them via the Exa API.