Savage v. . Sherman
New York Court of Appeals
Appeal by John M. Pinkney, from order of the General Term of the Supreme Court, in the first judicial department, made March 11, 1881, which affirmed, as to him, an order of Special Term, confirming and making absolute the report of a referee.
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Appeal by John M. Pinkney, from order of the General Term of the Supreme Court, in the first judicial department, made March 11, 1881, which affirmed, as to him, an order of Special Term, confirming and making absolute the report of a referee. (Reported below, 24 Hun, 307.) This action was brought to obtain a judicial construction of the will of Michael Burnham, who died in J anuary, 1836. The case is reported in 17 1ST. Y. 561. A final decree was entered therein in June, 1859, in conformity with the decision which adjudged that the will made the trustees named .therein, trustees of all the…
1Opinion of the CourtRapallo, J.
Although the appellant was not a party to this action, we think the court had jurisdiction to make him a party to the accounting of the trustee, and to compel him to abide the result of such accounting. He purchased the shares of some of the defendants in the action, amounting, in the aggregate, to four-twenty-firsts of the whole, and took these shares subject to the provisions of the decree of 1859, and to the power in trust to sell and to the right of the trustees to payment of their commissions and expenses. This decree adjudged that the whole property was subject to the power of sale of…
2Cases cited1 opinion
- In re KelloggNew York Court of Chancery · 1838
3Cited by21 opinions
- Matter of HowellNew York Court of Appeals · 1915
- Arnold v. AldenIllinois Supreme Court · 1898
- Matter of LoomisNew York Court of Appeals · 1937
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- In Re the Estate of GreatsingerNew York Court of Appeals · 1986
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