Tompkins v. Verplanck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stephanie Morel, as executrix, etc., of .Emile B. Morel, deceased, from a judgment of the Supreme Court in favor of the plaintiff in each of the first and second above-entitled actions, entered in the office of the clerk of the county of Westchester on the 27th day of March, 1896, upon the decision of the court rendered after a trial at the Westchester Special Term; also an appeal by David Verplanck, as executor, etc., of J". Warren Tompkins,…
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Appeal by the defendant, Stephanie Morel, as executrix, etc., of .Emile B. Morel, deceased, from a judgment of the Supreme Court in favor of the plaintiff in each of the first and second above-entitled actions, entered in the office of the clerk of the county of Westchester on the 27th day of March, 1896, upon the decision of the court rendered after a trial at the Westchester Special Term; also an appeal by David Verplanck, as executor, etc., of J". Warren Tompkins, deceased, and by Jotham S. Tompkins, from an order of the Surrogate’s Court of the county of Westchester, entered in said…
1Opinion of the Court
Cullen, J.:
The two actions in the Supreme Court were brought for substantially the same purpose, the construction of the will of Joseph Warren Tompkins, deceased. These actions were consolidated by stipulation, and a single judgment entered therein. The proceeding before the surrogate was instituted to compel David Verplanck, as executor of and trustee under said will, to pay over to the petitioner, Stephanie Morel, as executrix, one-half of the income of certain trust funds created by said will. Joseph W. Tompkins died in 1874, leaving him surviving his widow, Sarah W. Tompkins, and two…
2Cases cited7 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Embury v. . SheldonNew York Court of Appeals · 1877
- Sheridan v. HouseNew York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- In re KohlerNew York Surrogate's Court · 1916
- Young v. BarkerAppellate Division of the Supreme Court of the State of New York · 1910
- Eysaman v. NelsonNew York Supreme Court · 1913
- Tredwell v. TredwellNew York Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.