Legal Opinion

Simpson v. Trust Co. of America

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

Decided December 11, 1908PublishedCited by 28 opinions

Cross-appeals by the plaintiff, Julia K. Simpson, and by the defendants, Isaac Simpson and others, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of June, 1908, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Scott, J.:

This appeal presents for consideration the attempted testamentary disposition of his property by Simon M. Simpson. The testator at the time he made his will held an endowment life insurance policy, and as he could not then foretell whether it would fall due and be collected during his lifetime so that the proceeds thereof would constitute a part of his estate, or would become due upon his death and be paid to his wife as the beneficiary named therein, he made alternative dispositions of his property. We have to consider only the attempted disposition made on the contingency that the…

2Cases cited6 opinions

  1. Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
  2. Purdy v. . HaytNew York Court of Appeals · 1883
  3. In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
  4. Corse v. . ChapmanNew York Court of Appeals · 1897
  5. In re the Estate of HammondAppellate Division of the Supreme Court of the State of New York · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In re the Estate of LeonardNew York Surrogate's Court · 1932
  2. In re the Estate of BarrettNew York Surrogate's Court · 1931
  3. Davis v. MacMahonAppellate Division of the Supreme Court of the State of New York · 1914
  4. Central Trust Co. v. FalckAppellate Division of the Supreme Court of the State of New York · 1917
  5. In re TrevorNew York Surrogate's Court · 1922

23 more not listed; retrieve them via the Exa API.

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