Bench and Bar; The Monthly Magazine for Lawyers Volume 8

Bench and Bar; The Monthly Magazine for Lawyers Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...ACCOUNTING. The expenses of an accounting by a trustee of an express trust should be charged wholly against the corpus of the estate and not against the income. Chisholm v. Hamersly, 11b App. Div. 665. ACTIONS. An action to set aside a sealed instrument for fraud is not an action upon a sealed instrument so that only parties thereto can sue. Cassidy v. Sauer, 114 App. Div. 673. AMENDMENTS. Leave to amend a complaint after the withdrawal of a juror should be conditioned on payment by the plaintiff of all taxable costs to the date of the motion to amend, with ten dollars costs of that motion. Palazzo v. Degnon, etc., Co., 115 App. Div. 172. ANSWER. See GENERAL DENIAL. APPEAL. The Supreme Court will exercise the power of reviewing an allowance to the special guardian of an infant on the appeal of a testamentary trustee who is required by the surrogate to pay over a portion of the trust moneys to the special guardian as an allowance, and it is not necessary that the infant or his general guardian take the appeal. Matter of Stevens, 1H App. Div. 607. When, in an action to construe a will, some defendants contend that the will is valid, and others that it is invalid, and on appeal by certain defendants from a judgment determining that the will is valid, the appellants have served notice of appeal upon the plaintiff, the county clerk and such codefendants as have served notice of entry of judgment, the appeal should not be dismissed on the plaintiff's motion for failure to serve notice of appeal on codefendants who have not served notice of entry of judgment, but the motion should be denied on condition that the appellants serve the notice of appeal on defendants not served. The court has discretion to allow the perfecting of such appeal more

Product details

  • Paperback | 46 pages
  • 189 x 246 x 3mm | 100g
  • United States
  • English
  • black & white illustrations
  • 1236951778
  • 9781236951779