Smith v. Havens Belief Fund Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harriet Avery Parmly and others, as executrices, etc., and others, from a final judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the cleric of the county of New York oii the 7tli- day of March, 1906, confirming the report of a referee, with notice of an intention to bring up for review upon such appeal an interlocu-. tory judgment in this action entered on the 6th day of December, 1904.
1Opinion of the Court
Claeke, J.:
This action was brought by the plaintiff as executor of. the last will and testament of Charles G-. Havens, deceased, and trustee under his will. The purpose of the action was to have determined whether or not certain provisions of the will creating annuities and providing for their payment by a charge in the first instance, upon certain real estate, created valid or invalid trusts. The plaintiff also desired to render his account as executor and trustee and to have the same judicially settled.
By their answers a number of the defendants attack the whole will and especially the 20th…
2Cases cited2 opinions
- Riker v. . CornwellNew York Court of Appeals · 1889
- In Re the Trustees of the Congregational Church & Society of CutchogueNew York Court of Appeals · 1892
3Cited by8 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In re the Appraisal of the Estate of MooreNew York Surrogate's Court · 1910
- Bank v. AllenAppellate Division of the Supreme Court of the State of New York · 1970
- Havemeyer v. CommissionerUnited States Board of Tax Appeals · 1937
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of MacDowellNew York Surrogate's Court · 1915
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