Legal Opinion

Haywood v. Townsend

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896PublishedCited by 7 opinions

Appeal by the defendants, John J. Townsend and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 5th day of July, 1895, upon the decision of the court rendered after a trial at the Otsego Circuit before the court without a jury.

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Appeal by the defendants, John J. Townsend and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 5th day of July, 1895, upon the decision of the court rendered after a trial at the Otsego Circuit before the court without a jury. This action was brought against the defendants, as sureties upon a bond of Robert M. Townsend, which was given for his faithful performance of the duties of testamentary trustee of a legacy of $500, which he was to hold and invest for the benefit of one Cynthia J. Haywood, who, by…

1Opinion of the Court

Herrick, J.:

In the year 1863 one Cynthia Lane made her last will and testament, whereby, amongst other things, she gave and bequeathed to Cynthia J. Haywood the sum of $500, and to Alice Haywood the sum of $300, to be paid to them by her executor on their arriving at full age, but until that time to be kept at interest for their benefit, and further directed that said executor should “ execute good and sufficient surety for the benefit of said children before he shall enter upon, the discharge of his trust, conditioned for the safe investment of said money, and the payment thereof, to said…

2Cases cited3 opinions

  1. Russell v. . FreerNew York Court of Appeals · 1874
  2. Gerould v. . WilsonNew York Court of Appeals · 1880
  3. Douglass v. FerrisNew York Supreme Court · 1892

3Cited by7 opinions

  1. Flora v. Aetna Casualty & Surety Co.California Court of Appeal · 1962
  2. Singer Manufacturing Co. v. FreerksNorth Dakota Supreme Court · 1904
  3. Ehrlich v. SklambergAppellate Terms of the Supreme Court of New York · 1909
  4. Ehrlich v. RinzlerAppellate Terms of the Supreme Court of New York · 1909
  5. Ehrlich v. SklambergAppellate Terms of the Supreme Court of New York · 1909

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