Shade v. Colgate

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The complainant-appellant is the residuary legatee and devisee under the will of his foster mother, Mrs. Caroline B.D. Colgate, who died October 5, 1940. The principal defendant-respondent is S. Bayard Colgate, the son of Mrs. Colgate, and the executor of her will and also the trustee under the fifth paragraph of the will of his father, Sidney M. Colgate. The senior Mr. Colgate died November 10, 1930.

By the fifth article of his will, Sidney Colgate bequeathed to…