In Re the Accounting of Durand
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, enterec July 7, 1908, which affirmed a decree of the Monroe Count; Surrogate’s Court overruling objections to and settling th< accounts of the executors of Lewis H. Morgan, deceased. All of the objections to the accounts presented on this appeal were based on the alleged invalidity of certain provisions contained in said will.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, enterec July 7, 1908, which affirmed a decree of the Monroe Count; Surrogate’s Court overruling objections to and settling th< accounts of the executors of Lewis H. Morgan, deceased. All of the objections to the accounts presented on this appeal were based on the alleged invalidity of certain provisions contained in said will. The testator died in the year-1881, leaving him surviving a wife, who died two years later, and a son, who died in 1905. He left an estate consisting of personal…
1Opinion of the CourtHiscock, J.
The specific claims of invalidity of the testamentary clauses involved in this controversy and quoted above, are in substance:
First. That the residuary clauses create a trust either in the trustees of the University of Rochester as individuals or in the university for the benefit of some independent and distinct corporation or institution, and that inasmuch as they expressly required as a condition precedent to their becoming effective, an acceptance by said trustees which might not be given until after the death of the testator’s wife and son, they provided for a possible suspension of…
2Cases cited6 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Bird v. . MerkleeNew York Court of Appeals · 1895
- In Re Proving the Last Will & Testament of GriffinNew York Court of Appeals · 1901
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3Cited by26 opinions
- St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1925
- In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1960
- In re the Estate of AppleNew York Surrogate's Court · 1931
21 more not listed; retrieve them via the Exa API.