Legal Opinion
In re the Judicial Settlement of the Account of Phipard
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1918PublishedCited by 9 opinions
Appeal by Charles K. Phipard, as executor, etc., and others from parts of a decree of the Surrogate’s Court of the county of New York entered in the office of said Surrogate’s Court on the 19th day of April, 1916, settling the accounts herein.
1Opinion of the Court
Davis, J.:
The appeal is taken by certain legatees mentioned in the 8th or residuary clause of the will of Henry Rutherford, *358deceased, and requires the determination of the meaning of the word “ children ” therein contained. The clause in question is as follows:
“ Eighth. All the rest, residue and remainder of my estate of whatsoever kind or nature, I give, devise and bequeath to the children of my father’s (James Rutherford) deceased brothers and sister, share and share alike, but if any child or children of my father’s deceased brothers or sister shall have died before me, leaving lawful…
2Cases cited4 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- In Re the Transfer Tax Upon the Estate of KingNew York Court of Appeals · 1916
- Davies v. DaviesAppellate Division of the Supreme Court of the State of New York · 1908
- Davies v. . DaviesNew York Court of Appeals · 1910
3Cited by9 opinions
- In re the Accounting of Bank of New YorkNew York Court of Appeals · 1959
- In re the Estate of McKimNew York Surrogate's Court · 1921
- In re the Estate of EllisNew York Surrogate's Court · 1942
- In re the Estate of MorningstarNew York Surrogate's Court · 1932
- In re the Estate of McNeilAppellate Division of the Supreme Court of the State of New York · 1963
4 more not listed; retrieve them via the Exa API.