Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Volumes 3-4Transcript Association, 1868 |
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Page 18
... PARKER , J. JAMES ORTON ET AL . APPELLANTS , v . LINA ORTON ET AL . , RESPONDENTS . Legacy , what constitutes - Dower - Proportional Deductions . Every bequest of personal property is a legacy , including as well those made in lieu of ...
... PARKER , J. JAMES ORTON ET AL . APPELLANTS , v . LINA ORTON ET AL . , RESPONDENTS . Legacy , what constitutes - Dower - Proportional Deductions . Every bequest of personal property is a legacy , including as well those made in lieu of ...
Page 19
... PARKER , J. in proportion to the sums given to each ; if there be a surplus , it shall be divided to each in proportion to the sums given , and sub- ject to the same conditions . " The Defendants , Lina Orton , Sarah E. Brace , and his ...
... PARKER , J. in proportion to the sums given to each ; if there be a surplus , it shall be divided to each in proportion to the sums given , and sub- ject to the same conditions . " The Defendants , Lina Orton , Sarah E. Brace , and his ...
Page 20
... PARKER , J. a bequest in lieu of dower is not a legacy , and the widow , in respect to such bequest , not a legatee . Notwithstanding the bequest to the wife was declared to be in lieu of dower , it is incorrect to say that it was not a ...
... PARKER , J. a bequest in lieu of dower is not a legacy , and the widow , in respect to such bequest , not a legatee . Notwithstanding the bequest to the wife was declared to be in lieu of dower , it is incorrect to say that it was not a ...
Page 21
... PARKER , J. quest to the wife , in lieu of dower , may be made subject to any condition which the testator chooses to impose upon it ; for the wife is not obliged to give up her dower in exchange for it , unless she so elects . If it is ...
... PARKER , J. quest to the wife , in lieu of dower , may be made subject to any condition which the testator chooses to impose upon it ; for the wife is not obliged to give up her dower in exchange for it , unless she so elects . If it is ...
Page 22
... PARKER , J. His tion was different from that adopted for the personal estate . Connecticut lands he gave to one brother and two sisters , the homestead to his wife for life , remainder to the other legatees who should survive her , or ...
... PARKER , J. His tion was different from that adopted for the personal estate . Connecticut lands he gave to one brother and two sisters , the homestead to his wife for life , remainder to the other legatees who should survive her , or ...
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Common terms and phrases
affirmed aforesaid agent agreement alleged amount appeal apply assessors assignment authority bank bill of lading Bostwick Bryan Mullanphy cause of action Ch.J charge claim complaint concur contract conveyance costs counsel creditors debt deceased deed Defendant Defendant's delivered discharge dollars endorsed entitled equity evidence execution executors exempt fact firm fraud ground held interest issue JOEL TIFFANY John Mullanphy Judge judgment jurisdiction jury Lahens land Laurence Mallery liable lien ment mortgage Mullanphy Opinion by BOCKES Opinion by DAVIES Opinion by GROVER Opinion by HUNT Opinion by PARKER paid parties payment Plaintiff PORTER possession premises purchase question real estate received recover referee Respondent Russell Samuel Ward Statement statute suit Supreme Court taxation testator therein thereof Thomas Davenport tiff tion trial trust valid void wife William William H William McClelland witness Womburgh York
Popular passages
Page 438 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 93 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 312 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 144 - Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Page 219 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 200 - Know all men by these presents, that I, Zadoc Martin, of the county of Platte. and State of Missouri, for and in consideration of the sum of one dollar to me in hand paid...
Page 502 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 147 - ... have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the purview of the Constitution or the Act of 1795 — will not be complied with. You have chosen to inaugurate Civil War, and having done so, we will meet it in a spirit as determined as the Administration has exhibited toward the South.
Page 246 - Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or...
Page 26 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.