In Re the Probate of Will of Hitchcock
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 6, 1916, .which affirmed a decree of the Westchester County Surrogate’s Court admitting to probate and construing the will of Clara F. Hitchcock, deceased. The facts, so far as material, are stated in the opinion. All real and personal property of testatrix, at her death, vested in executors under an express trust.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 6, 1916, .which affirmed a decree of the Westchester County Surrogate’s Court admitting to probate and construing the will of Clara F. Hitchcock, deceased. The facts, so far as material, are stated in the opinion. All real and personal property of testatrix, at her death, vested in executors under an express trust. (Fargo v. Squires, 154 N. Y. 259.) All of decedent’s benefactions — the residuary, distribution and the one-time direct legacies — of the will and codicils, by…
1Opinion of the CourtChase, J.
The “ Scarsdale Estates Incorporated ” is an incorporation having a capital stock of $500,000, formed for the purpose of developing and selling certain real property in Westchester county, formerly owned by the testatrix and her husband. One Farley was the president of such corporation. On March 24, 1909, the testatrix and her husband entered into a contract with said Farley which recited:
“ Whereas the parties of the first part are the owners and holders of all of the stock of the Scarsdale Estates in connection with the affairs of which corporation the party of the second part has for a…
2Cases cited21 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Kalish v. . KalishNew York Court of Appeals · 1901
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- Brown v. . QuintardNew York Court of Appeals · 1903
16 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- In Re the Accounting of SilsbyNew York Court of Appeals · 1920
- In re HornidgeNew York Surrogate's Court · 1929
- In re the Estate of StulmanNew York Surrogate's Court · 1933
- In Re the Will of CarrollNew York Court of Appeals · 1937
49 more not listed; retrieve them via the Exa API.