Howard's practice reports Volume 2; containing cases under the Code of civil procedure and the general practice of the state of New York, selected from decisions of all the courts with notes

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 Excerpt: ... the time and under the conditions and limitations imposed by him, must be met by the widow out of the income of the estate received by her. The provisions made in favor of the testator's aged mother, sister and aunt, in themselves considerate, are also charges upon this income in her hands, and the duty and obligation is cast upon the widow to make such necessary provisions for these persons as the testator clearly intended. In this she will doubtless be aided by her cotrustee. It is not for the court at this time to assume that this will not in good faith be done, nor to indicate the sums, as is now Asked, to be paid to the beneficiaries. The amount rests much Carter agt. Tallcott. in the discretion and judgment of the widow in the light of their needs. These provisions are not simply recommendations. They embody the testator's kind intentions and will towards those who had a natural claim upon his bounty. To such claims he yielded in making these provisions, and in the event of any failure to carry them out in good faith they may be enforced by the judgments of this court Johnson agt. Cornwall, 26 Hun, 499; Tolley agt. Greene, 2 Sandf. Ch., 9; Lawrence agt. Cooke, 32 How., 126). The above covers the substance of the various questions raised upon the trial. SUPKEHE COUKT. Alfked C. W. Carter, respondent, agt. George Tallcott, appellant. Attorney and client--Responsibility of attorney--The degree of skill and diligence required to be observed by an attorney and counselor to entitle him to enforce payment for his services. Persons employed as attorneys and counselors to perform services for others must be reasonably well informed of the legal principles applicable to and governing the disposition of the business committed to their charge; and when they fail...