Legal Opinion

In re Thompson's Estate

New York Surrogate's Court

Decided January 26, 1889Published

On exceptions to trustee’s account. The accounts of William Pritchard, surviving trustee under the will of William D. Thompson, deceased, were before the surrogate for adjudication, and were referred to a referee. All parties excepted to the referee’s report.

1Opinion of the Court

Ransom, S.

The question is, what was the real intent of the testator under the second, third, fourth, fifth, sixth, and thirteenth clauses of his will? The clauses second to sixth, both inclusive, are substantially alike in language and meaning. What effect the thirteenth clause has upon those mentioned, to which it relates, is the point in dispute. By the second clause the testator directs his executors to “select such of my productive bonds and stocks, amounting at their par value to the sum of five hundred thousand dollars, as shall at my decease be the most valuable, in proportion to their…

2Cases cited2 opinions

  1. Hone v. . Van SchaickNew York Court of Appeals · 1850
  2. Wylie v. . LockwoodNew York Court of Appeals · 1881

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