In Re the Will of Briggs
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 4, 1918, which modified and affirmed as modified a decree of the Saratoga County Surrogate’s Court construing the will of Alice H. Briggs, deceased. Testatrix, by her will, erected a trust for the benefit of her husband with remainder to certain named beneficiaries.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 4, 1918, which modified and affirmed as modified a decree of the Saratoga County Surrogate’s Court construing the will of Alice H. Briggs, deceased. Testatrix, by her will, erected a trust for the benefit of her husband with remainder to certain named beneficiaries. By a separate clause of her will she provided: “ I further direct that he (her husband) use during his life as much of the principal of my estate as in his judgment is necessary and proper and that he in no way be…
1Opinion of the Court
Order of Appellate Division modified by striking out the modification of the decree of the surrogate and as so modified affirmed, with costs to appellant Briggs and one bill of costs to respondents, all payable out of the estate; no opinion.
Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Cardozo and McLaughlin, JJ. Not voting: Hogan, J.
2Cited by26 opinions
- Nettleton v. CommissionerUnited States Tax Court · 1945
- In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
- Estate of Ralph G. May, Mildred K. May v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
- In re the Estate of GatehouseNew York Surrogate's Court · 1933
- In re the Construction of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1924
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