United States Trust Co. v. Nathan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Maud Nathan and others, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of August, 1920, on the decision of the court rendered after a trial at the New York Special Term, construing a paragraph of the will of Benjamin Nathan, deceased. The portion of the will presented for construction, so far as it is necessary to quote it, reads as follows: “Seventeenth.
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Appeal by the defendants, Maud Nathan and others, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of August, 1920, on the decision of the court rendered after a trial at the New York Special Term, construing a paragraph of the will of Benjamin Nathan, deceased. The portion of the will presented for construction, so far as it is necessary to quote it, reads as follows: “Seventeenth. I give and bequeath to the United States Trust Company of New York as many sums of seventy-five thousand dollars each as I shall leave daughters me…
1Opinion of the Court
Smith, J.:
The facts presenting the issue here for determination are fully stated in the opinion of the Special Term (112 Misc. Rep. 502), and with the reasoning and conclusions -stated in *129that opinion I fully agree, and to that opinion I would add only a few considerations as indicating the intent of the testator.
The reference by the testator to the final distribution as to be made according to the laws of the State of New York now in force regulating the distribution of personal property in case of intestacy, would have significance as bearing upon the intention to vest the estate in the…
2Cases cited1 opinion
- United States Trust Co. v. NathanNew York Supreme Court · 1920
3Cited by12 opinions
- In re the Estate of AckermanNew York Surrogate's Court · 1930
- In re the Estate of CoppNew York Surrogate's Court · 1941
- In re the Estate of WatsonNew York Surrogate's Court · 1937
- In re the Estate of WilsonNew York Surrogate's Court · 1944
- In re the Judicial Settlement of the Account of Proceedings of Westchester Trust Co.New York Surrogate's Court · 1922
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