72 N.Y. Sup. Ct.
Volume 72 — New York Supreme Court Reports
115 opinions
- 72 N.Y. Sup. Ct. 524In re the Judicial Settlement of the Account of Lee (1892)
<p>Will — a bequest of “ all debts, dues and demands,’’ held by the testatrix against her executor and his wife — when it does not include a bond and mortgage due to the testatrix by the executor’s wife.</p> <p>In April, 1885, Emma A. Lee executed her bond and mortgage upon certain real estate, for a part of the purchase-price thereof, to Edward J. Farnum, her husband, John E. Lee, joining in the mortgage, and in the bond as a surety. Farnum assigned the bond and mortgage to Carrie E. Dwight, in 1887, and, in 1888, Emma A. Lee and John E. Lee, by a warranty deed containing a covenant against incumbrances, conveyed the premises to S. B. Crittenden, who, at a subsequent date, paid the purchase-price, except $1,200, which was due on the bond and mortgage.</p> <p>In 1889 Carrie E. Dwight died a widow, leaving one child and an estate worth about seven thousand dollars, and also leaving a will, which contained the following clause: “I will and bequeath to John B. Lee all debts, dues and demands of name, nature or kind soever, I hold against him and his wife,” John E. Lee being named as the executor thereof. Exclusive of the bond and mortgage Mrs. Lee was indebted to Mrs. Dwight, at the time of her death, in the sum of $225, and Mr. Lee in the sum of seventy-five cents. Mrs. Dwight, whose bequests to her relatives were insignificant, knew that Mrs. Lee had sold the mortgaged premises to Crittenden.</p> <p>Upon a judicial settlement of his account as executor John E. Lee claimed that, under the words of the bequest to him, the bond and mortgage in question passed to him.</p> <p>Held, that this position was untenable.</p> <p>That, while the language of the bequest was broad enough to cover the bond and mortgage, it was the evident intention of the testatrix to forgive the Lees only the smaller debts of $225 and seventy-five cents.</p> <p>That, under the circumstances, she would naturally look to Crittenden for payment of the bond and mortgage, and that it. was unlikely that she intended to give one-quarter of her small estate to a stranger to the prejudice of her child.</p>
- 72 N.Y. Sup. Ct. 619Bundy v. Newton (1892)
- 72 N.Y. Sup. Ct. 619Heywood v. Thacher (1892)
- 72 N.Y. Sup. Ct. 619In re Hyde (1892)
- 72 N.Y. Sup. Ct. 619In re Whalen (1892)
- 72 N.Y. Sup. Ct. 619Manville v. Lawton (1892)
- 72 N.Y. Sup. Ct. 619Mills v. Smith (1892)
- 72 N.Y. Sup. Ct. 619Ming v. Corbin (1892)
- 72 N.Y. Sup. Ct. 619People ex rel. Rey v. Court of Special Sessions (1892)
- 72 N.Y. Sup. Ct. 619Safety Electric Construction Co. v. Creamer (1892)
- 72 N.Y. Sup. Ct. 619Saxton v. New York Elevated Railroad (1892)
- 72 N.Y. Sup. Ct. 619Turenne v. Washburn (1892)
- 72 N.Y. Sup. Ct. 619Gibb v. McCoy (1892)
- 72 N.Y. Sup. Ct. 619In re the Department of Public Works (1892)
- 72 N.Y. Sup. Ct. 619McCampbell v. National City Bank (1892)
- 72 N.Y. Sup. Ct. 619Smith v. Seattle, Lake Shore & Eastern Railway Co. (1892)
- 72 N.Y. Sup. Ct. 619Alliger v. Mail Printing Ass'n (1892)
- 72 N.Y. Sup. Ct. 619American Bank Note Co. v. Manhattan Railway Co. (1892)
- 72 N.Y. Sup. Ct. 619Bernstein v. Nealis (1892)
- 72 N.Y. Sup. Ct. 619Curtis v. Wheeler & Wilson Manufacturing Co. (1892)
- 72 N.Y. Sup. Ct. 619Flannagan v. O'Brien (1892)
- 72 N.Y. Sup. Ct. 619Fortune v. Trainor (1892)
- 72 N.Y. Sup. Ct. 619Friedland v. Myers (1892)
- 72 N.Y. Sup. Ct. 619Hecla Consolidated Gold Mining Co. v. O'Neill (1892)
- 72 N.Y. Sup. Ct. 619Hygeia Water Ice Co. v. New York Hygeia Ice Co. (1892)
- 72 N.Y. Sup. Ct. 619Jones v. Newton (1892)
- 72 N.Y. Sup. Ct. 619Levy v. Beekman Publishing Co. (1892)
- 72 N.Y. Sup. Ct. 619Loewenthal v. Philadelphia Rubber Works (1892)
- 72 N.Y. Sup. Ct. 619McHugh v. New York Elevated Railroad (1892)
- 72 N.Y. Sup. Ct. 619Pach v. Geoffroy (1892)
- 72 N.Y. Sup. Ct. 619Richmond v. Second Avenue Railroad (1892)
- 72 N.Y. Sup. Ct. 620Gray v. Baker (1892)
- 72 N.Y. Sup. Ct. 621Wilcox v. Quinby (1892)
- 72 N.Y. Sup. Ct. 621Arnold v. Norfolk & New Brunswick Hosiery Co. (1892)
- 72 N.Y. Sup. Ct. 622De Witt Peltz v. Schultes (1892)
- 72 N.Y. Sup. Ct. 622Hopkins v. Marlette (1892)
- 72 N.Y. Sup. Ct. 622In re New York & Brooklyn Bridge (1892)
- 72 N.Y. Sup. Ct. 622People ex rel. Sutliff v. Board of Supervisors (1892)
- 72 N.Y. Sup. Ct. 622People ex rel. White v. Board of Supervisors (1892)
- 72 N.Y. Sup. Ct. 622Schuyler v. Fitchburgh Railroad (1892)
- 72 N.Y. Sup. Ct. 622Waterman v. Shipman (1892)
- 72 N.Y. Sup. Ct. 622In re Alexander (1892)
- 72 N.Y. Sup. Ct. 622Eisenlord v. Clum (1892)
- 72 N.Y. Sup. Ct. 622Bradley v. Shafer (1892)
- 72 N.Y. Sup. Ct. 622Conkey v. Kenyon (1892)
- 72 N.Y. Sup. Ct. 622Goff v. Village of Little Falls (1892)
- 72 N.Y. Sup. Ct. 622Hewitt v. City Mills (1892)
- 72 N.Y. Sup. Ct. 622Ives v. Ranger (1892)
- 72 N.Y. Sup. Ct. 622Maders v. Whallon (1892)
- 72 N.Y. Sup. Ct. 622Nellegan v. Campbell (1892)
- 72 N.Y. Sup. Ct. 622People ex rel. Cramond v. Common Council of Rome (1892)
- 72 N.Y. Sup. Ct. 622Root v. Borst (1892)
- 72 N.Y. Sup. Ct. 622Round Lake Ass'n v. Kellogg (1892)
- 72 N.Y. Sup. Ct. 622Skinner v. Walter A. Wood Mowing & Reaping Machine Co. (1892)
- 72 N.Y. Sup. Ct. 622Smith v. Town (1892)
- 72 N.Y. Sup. Ct. 622Spore v. Vaughn (1892)
- 72 N.Y. Sup. Ct. 623De Mott v. Kendrick (1892)
- 72 N.Y. Sup. Ct. 624Amsden v. Smith (1892)
- 72 N.Y. Sup. Ct. 624Clark v. Bradley (1892)
- 72 N.Y. Sup. Ct. 624Cuthbert v. Chauvet (1892)
- 72 N.Y. Sup. Ct. 624Ellicott v. Ellicott (1892)
- 72 N.Y. Sup. Ct. 624Foels v. Town of Tonawanda (1892)
- 72 N.Y. Sup. Ct. 624In re the Final Judicial Settlement of the Accounts of McGorray (1892)
- 72 N.Y. Sup. Ct. 624In re the Judicial Settlement of the Accounts of McDougall (1892)
- 72 N.Y. Sup. Ct. 624McEwen v. Butts (1892)
- 72 N.Y. Sup. Ct. 624Miller v. Brooks (1892)
- 72 N.Y. Sup. Ct. 624Nicolas v. McIntire (1892)
- 72 N.Y. Sup. Ct. 624Oughterson v. Clark (1892)
- 72 N.Y. Sup. Ct. 624People ex rel. Baird v. Browne (1892)
- 72 N.Y. Sup. Ct. 624People ex rel. Carter v. Williams (1892)
- 72 N.Y. Sup. Ct. 624People v. Wiley (1892)
- 72 N.Y. Sup. Ct. 624Preston v. Smallwood (1892)
- 72 N.Y. Sup. Ct. 624Sayles v. Hoeltzel (1892)
- 72 N.Y. Sup. Ct. 624Trustees of the New York & Brooklyn Bridge v. Clark (1892)
- 72 N.Y. Sup. Ct. 624Wolfe v. Benedict (1892)
- 72 N.Y. Sup. Ct. 624Knell v. Stephan (1892)
- 72 N.Y. Sup. Ct. 624Beardsley v. Gaylord (1892)
- 72 N.Y. Sup. Ct. 624City of Rochester to Acquire Lands for Park Purposes v. Robinson (1892)
- 72 N.Y. Sup. Ct. 624Harley v. Buffalo Car Manufacturing Co. (1892)
- 72 N.Y. Sup. Ct. 624In re the Probate of the Last Will & Testament of McCarthy (1892)
- 72 N.Y. Sup. Ct. 624People v. Blute (1892)
- 72 N.Y. Sup. Ct. 624People v. Cole (1892)
- 72 N.Y. Sup. Ct. 624Whitcher v. Holland Water-Works Co. (1892)
- 72 N.Y. Sup. Ct. 625Allen v. McFadden (1892)
- 72 N.Y. Sup. Ct. 625Cotton v. New York, Lake Erie & Western Railroad (1892)
- 72 N.Y. Sup. Ct. 625Crow v. Gleason (1892)
- 72 N.Y. Sup. Ct. 625Dukelow v. Searles (1892)
- 72 N.Y. Sup. Ct. 625In re Opening Wendover Avenue (1892)
- 72 N.Y. Sup. Ct. 625Rubens v. Ludgate Hill Steamship Co. (1892)
- 72 N.Y. Sup. Ct. 625Baldwin v. Sullivan Timber Co. (1892)
- 72 N.Y. Sup. Ct. 625Delzer v. Buffalo Star Brick Co. (1892)
- 72 N.Y. Sup. Ct. 625Dunn v. Robbins (1892)
- 72 N.Y. Sup. Ct. 625Albrecht v. Rochester Railway Co. (1892)
- 72 N.Y. Sup. Ct. 625Byrne v. Bullis (1892)
- 72 N.Y. Sup. Ct. 625Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co. (1892)
- 72 N.Y. Sup. Ct. 625Clancy v. Losey (1892)
- 72 N.Y. Sup. Ct. 625Clark v. Lake Avenue Permanent Savings & Loan Ass'n (1892)
- 72 N.Y. Sup. Ct. 625Crouch v. Muller (1892)
- 72 N.Y. Sup. Ct. 625Cuthbert v. Ives (1892)
- 72 N.Y. Sup. Ct. 625Gunlach v. Turner (1892)
- 72 N.Y. Sup. Ct. 625Haines v. Smither (1892)
- 72 N.Y. Sup. Ct. 625Herdt v. Rochester City & Brighton Railway Co. (1892)
- 72 N.Y. Sup. Ct. 625Noble v. Massachusetts Benefit Ass'n (1892)
- 72 N.Y. Sup. Ct. 625Owen v. Boston & Lockport Block Co. (1892)
- 72 N.Y. Sup. Ct. 625Palmer v. Culbertson (1892)
- 72 N.Y. Sup. Ct. 625Smith v. Mott (1892)
- 72 N.Y. Sup. Ct. 625Von Kamen v. Roes (1892)
- 72 N.Y. Sup. Ct. 625Wells v. Disbrow (1892)
- 72 N.Y. Sup. Ct. 625Wienke v. Village of North Tonawanda (1892)
- 72 N.Y. Sup. Ct. 626Comyns v. Ryker (1892)
- 72 N.Y. Sup. Ct. 626Cheney v. Schuyler (1892)
- 72 N.Y. Sup. Ct. 626Gas Works Construction Co. v. Monheimer (1892)
- 72 N.Y. Sup. Ct. 626Lentilhon v. Bacon (1892)
- 72 N.Y. Sup. Ct. 626National Park Bank v. Goddard (1892)
- 72 N.Y. Sup. Ct. 626White v. Roes (1892)