In re Taylor's Estate

Appellate Division of the Supreme Court of New York

In re Taylor's Estate

94 N.Y.S. 1164

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

DecidedMay 23, 1905

StatusPublished

This text of 94 N.Y.S. 1164 (In re Taylor's Estate) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Taylor's Estate, 94 N.Y.S. 1164 (N.Y. Ct. App. 1905).

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Opinion

PER CURIAM.

Decree modified in accordance with the holding of this court, and, as modified, affirmed, with costs. Held, that the agreement of June 29, 1885, bound the representatives of Henry Taylor, deceased; that a sale of 40 acres to pay debts will be a sale for the use of the said Henry Taylor’s representatives, and upon such sale Dwight A. Taylor [1165]*1165is entitled to the payment of the sum of $849.-69; that upon such sale said sum of $849.69 is an equitable lien upon said 40 acres, and should have priority of payment over all other claims. The form of the order to be settled by and before Mr. Justice WILLIAMS on two days’ notice.

McLennan, P. j., and HISCOCK, J., vote for affirmance of the decree without modification.

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PER CURIAM.

Decree modified in accordance with the holding of this court, and, as modified, affirmed, with costs. Held, that the agreement of June 29, 1885, bound the representatives of Henry Taylor, deceased; that a sale of 40 acres to pay debts will be a sale for the use of the said Henry Taylor’s representatives, and upon such sale Dwight A. Taylor [1165]*1165is entitled to the payment of the sum of $849.-69; that upon such sale said sum of $849.69 is an equitable lien upon said 40 acres, and should have priority of payment over all other claims. The form of the order to be settled by and before Mr. Justice WILLIAMS on two days’ notice.

McLennan, P. j., and HISCOCK, J., vote for affirmance of the decree without modification.

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Bluebook (online)

94 N.Y.S. 1164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-taylors-estate-nyappdiv-1905.