Legal Opinion

Union Trust Co. v. Cole

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1921PublishedCited by 6 opinions

Appeal by the defendants, Ethel Cooke, as guardian ad litem, of Zoe Stanley Cooke, and another, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 10th day of December, 1919, on the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Page, J.:

The action is for the construction of the last will and testament of William Washington Cole, deceased. The doubtful questions which the executor asks to have settled relate to the residuary clause of the will.

The testator empowered and directed the executor to sell any or all of the real estate of which he died seized on such terms and in such manner as might seem best to the executor. After numerous bequests, he authorized (clause X) the executor to. divide all the rest, residue and remainder of his estate into eight equal shares, and to pay over two of such shares to his wife,…

2Cases cited4 opinions

  1. Roseboom v. . RoseboomNew York Court of Appeals · 1880
  2. Mott v. . AckermanNew York Court of Appeals · 1883
  3. Hope v. . BrewerNew York Court of Appeals · 1892
  4. In re the Judicial Settlement of the Account of Proceedings of GoetzAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by6 opinions

  1. In re the Estate of HennessyNew York Surrogate's Court · 1935
  2. In re the Estate of SchulmanNew York Surrogate's Court · 1930
  3. Allison v. CoffinNew York Supreme Court · 1925
  4. In re the Estate of ReillyNew York Surrogate's Court · 1922
  5. Stork v. MerchantSupreme Court of South Carolina · 1923

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