In Re the Accounting of Title Guarantee & Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1908, which modified and affirmed as modified a decree of the Kings County Surrogate’s Court settling the accounts of the trustee herein and construing the will of Alfred T. Baxter, deceased.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1908, which modified and affirmed as modified a decree of the Kings County Surrogate’s Court settling the accounts of the trustee herein and construing the will of Alfred T. Baxter, deceased. The intention of the testator that the particular legacies provided for by him in his will should be paid in full before any payments to residuary legatees is made evident by an examination of the several clauses of his will. (Freeman v. Coit, 96 N. Y. 67; Banzar v. Banzar, 156 N. Y.…
1Opinion of the CourtEdward T. Bartlett, J.
Alfred T. Baxter, the testator, died possessed of a large estate consisting of personal property. He bequeathed to his wife, Julia, fifteen thousand dollars, his furniture and household property and effects generally. He also bequeathed some fifteen or more general legacies to various relatives.
Then followed these provisions :
“Eighteenth. I give to my said Executor the sum of twenty thousand dollars in trust to keep the same invested, and to pay the net rents, issues, income and profits thereof, semi-annually, to my wife, Julia, during her life, and upon her death, it is my will that the…
2Cases cited1 opinion
- United States Trust Co. v. BlackNew York Court of Appeals · 1895
3Cited by78 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Chew v. . SheldonNew York Court of Appeals · 1915
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
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