In re Gerry
New York Court of Appeals
Appeal from a judgment of the Supreme Court, First Department, affirming the judgment of the Special Term, directing distribution of a trust estate, etc. Petition for a final accounting, etc., of Elbridge T. Gerry, as sole remaining trustee in succession of certain trusts created by the last will and testament of Peter P. Goelet, deceased.
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Appeal from a judgment of the Supreme Court, First Department, affirming the judgment of the Special Term, directing distribution of a trust estate, etc. Petition for a final accounting, etc., of Elbridge T. Gerry, as sole remaining trustee in succession of certain trusts created by the last will and testament of Peter P. Goelet, deceased. The parties to this accounting were Hannah G. Gerry, Robert Goelefc and Ogden Goelefc, the parties entitled in remainder upon the death of Jean B. Goelet, and Elbridge T. Gerry, Robert Goelefc, and Ogden Goelet, as executors of said Jean B. Goelefc, lately…
1Opinion of the Court
Ruger, Ch. J.
The matter here in controversy arises between the representatives of the life estate and certain remaindermen, with reference to the proper distribution between them of an increase in the amount of the trust fund, discoverable upon a sale of the securities in which it was invested, after the life estate terminated.
The fund was created in the year 1828, under the will of Peter P. Goelet devising to his executors, as trustees, the sum of $50,000, to invest “in funded stock of the United States, or of the State of New York, or in good bonds and mortgages on real estate,” with…
2Cases cited13 opinions
- Gray v. DarlingtonSupreme Court of the United States · 1872
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- Clarkson v. ClarksonNew York Supreme Court · 1855
- Cogswell v. CogswellNew York Court of Chancery · 1834
- Hemenway v. HemenwayMassachusetts Supreme Judicial Court · 1883
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3Cited by1 opinion
- In re the Judicial Settlement of the Account of Curtis & WaterburyNew York Surrogate's Court · 1890