Lockwood v. . Mildeberger
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second j'udicial department, entered May 21, 1896, affirming a j'udgment entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second j'udicial department, entered May 21, 1896, affirming a j'udgment entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff to obtain a judgment for the final settlement of his accounts as trustee under the last will and testament of Catharine Lowerre, deceased, and for the distribution of one-sixth part of said Catharine Lowerre’s estate, held in trust for Adelaide L. Mildeberger, now deceased, who was the granddaughter of Mrs. Lowerre and the wife of the…
1Opinion of the Court
Parker, Oh. J.
Whether the will of Adelaide L. Mildeberger operated to execute the power of appointment conferred, upon her by the will of her grandmother, Catharine Lowerre, is the question presented. It is brought to the attention of' the court by the substituted trustee under the last will and testament of said Catharine Lowerre, deceased, who, finding-that the husband of Adelaide L. Mildeberger claimed that the power of appointment had been executed in his behalf by the will of his wife, and that the party entitled to take in the. absence of the execution of the power was equally…
2Cases cited2 opinions
- White v. . HicksNew York Court of Appeals · 1865
- Hutton v. . BenkardNew York Court of Appeals · 1883
3Cited by51 opinions
- Low v. Bankers Trust Co.New York Court of Appeals · 1936
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- McLean v. McLeanAppellate Division of the Supreme Court of the State of New York · 1916
- Wilmington Trust Co. v. Wilmington Trust Co.Court of Chancery of Delaware · 1936
- In re the Judicial Settlement of the Account of WainwrightAppellate Division of the Supreme Court of the State of New York · 1936
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