# Furniss v. Cruikshank

> Appellate Division of the Supreme Court of the State of New York · April 9, 1920 · 191 A.D. 450

URL: https://www.frixlaw.com/law-library/cases/5257002

## Case

- **Full name:** William Ponsonby Furniss and Others v. Warren Cruikshank, as Substituted Trustee, etc., of William P. Furniss, and Others, Lucius H. Beers and Others, as Executors, etc., of Margaret E. Zimmerman
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 9, 1920
- **Citations:** 191 A.D. 450; 181 N.Y.S. 522; 1920 N.Y. App. Div. LEXIS 4737
- **Precedential status:** Published
- **Opinion:** Concurring in part by Laughlin
- **Judges:** Laughlin, Merrell
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified by Furniss v. . Cruikshank, 230 N.Y. 495 (1921).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5257002

## Opinion text

Laughlin, J. (concurring in part and dissenting in part):
I think that Spencer v. Spencer ( 219 N. Y. 459 ) is authority for charging the taxes to the principal and for permitting the life tenant to share in the proceeds of the sale of the Bloomingdale lots, and that the taxes should be so charged and the life tenant should be permitted so to share, and, therefore, as to those matters, I dissent, but on all other points I concur in the opinion of Mr. Justice Merrell.
Judgment modified as directed in opinion and as so modified affirmed, without costs. Settle order on notice.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5257002. Public record. Not legal advice.
