Legal Opinion

In re Brooklyn Trust Co.

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

Decided June 25, 1924PublishedCited by 14 opinions

Appeal by Mary S. MacArthur, as executrix, etc., from parts of a decree of the Surrogate’s Court of the county of Kings, entered in the office of the clerk of said court on the 29th day of January, 1924, passing the final account of the Brooklyn Trust Company, as trustee under the will of Caroline A. Seymour, deceased.

1Opinion of the Court

Kelby, J.:

Caroline A. Seymour died on the 17th day of April, 1920, seized of one parcel of real property and of considerable personal property. She left her surviving her husband, who was then eighty-five years of age, and who died on January 7, 1923.

The 3d paragraph of her will reads as follows:

“ Third. I give to my said husband the use of my house 426 Clermont Avenue, Brooklyn, and of all the furniture therein, as long as he shall occupy the same for his own use. When such occupancy shall cease, the house and furniture shall be sold and the proceeds go into my residuary estate.”

Several…

2Cases cited10 opinions

  1. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  2. Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
  3. In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
  4. Jones v. . KellyNew York Court of Appeals · 1902
  5. Barber v. . TerryNew York Court of Appeals · 1918

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

3Cited by14 opinions

  1. In re the Estate of HarrisNew York Surrogate's Court · 1930
  2. In re the Judicial Settlement of the Account of the Executors of the Estate of BlumenthalNew York Surrogate's Court · 1925
  3. In re the Estate of GargiuloNew York Surrogate's Court · 1930
  4. In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
  5. In re the Estate of AppleNew York Surrogate's Court · 1931

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

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