New York Court of Appeals

Alexander Van Rensselaer, as Executor v. Annie W. Van Rensselaer, Appellants

April 16, 1889113 N.Y. 207

Summary

The New York Court of Appeals affirmed the judgment ordering the executor and the residuary legatee to pay the legacy to Elizabeth, with interest, finding the legacy was a specific charge on the Van Schaick farm proceeds. The court held the surrogate's settlement did not bar the action and that the case was equitable, so a jury trial was improper.