In re Wentworth
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry L. Armstrong, as executor, etc., of Mary Emma Armstrong, deceased, from an order of the Surrogate’s Court of the county of Chemung, entered in the office of said surrogate on the 11th day of June, 1919, directing Henry L. Armstrong, as trustee of Mary Emma Armstrong, deceased, to account to the petitioner for the income of one-fourth of the value of certain real property given to the appellant in trust, and also directing him to render and file an account of…
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Appeal by Henry L. Armstrong, as executor, etc., of Mary Emma Armstrong, deceased, from an order of the Surrogate’s Court of the county of Chemung, entered in the office of said surrogate on the 11th day of June, 1919, directing Henry L. Armstrong, as trustee of Mary Emma Armstrong, deceased, to account to the petitioner for the income of one-fourth of the value of certain real property given to the appellant in trust, and also directing him to render and file an account of his proceedings as trustee. Appeal by the petitioner, Grace H. Wentworth, as executrix, etc., of John W. Wentworth,…
1Opinion of the Court
H. T. Kellogg, J.:
Mary E. Armstrong was the owner of a parcel of land in New York city, subject to the dower interest of her mother, Mary E. Wentworth. She died in the year 1901, and devised the parcel in trust to her husband, Henry L. Armstrong. He was required during the Ufe of the mother to pay to her two-thirds of the income therefrom, and the remaining third to himself. At the death of the mother he was directed to sell the parcel, and, dividing the proceeds into four parts, to pay over to himself two parts thereof and one part to Lizzie C. Wright, a sister of the testatrix. He was to…
2Cases cited15 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Sherman v. . ParishNew York Court of Appeals · 1873
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3Cited by3 opinions
- In re the Accounting of Syracuse Trust Co.Appellate Division of the Supreme Court of the State of New York · 1946
- In re the Estate of DrakeNew York Surrogate's Court · 1923
- In re WentworthAppellate Division of the Supreme Court of the State of New York · 1920