Cooper v. Heatherton
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintifE, Frank P. Cooper, as trustee under the last will and testament of James M. Heatherton, deceased, and by the defendants, James JVI. Heatherton and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 28th day of June, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term.
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Cross-appeals by the plaintifE, Frank P. Cooper, as trustee under the last will and testament of James M. Heatherton, deceased, and by the defendants, James JVI. Heatherton and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 28th day of June, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term. The will of James M. Heatherton, Sr., provided as follows : “ First. I direct all my just debts and funeral expenses be paid. “ Second. I direct my executors hereinafter named to pay…
1Opinion of the Court
Jenks, J.:
The 7th paragraph of the will reads as follows: “ In case of the remarriage of my said wife or at her death said paper (which will also include the money in bank or trust companies) is still to continue to run as aforesaid until my youngest child shall attain the age of 21 years, and then I bequeath one-half of my said paper, which will include one-half of all money in bank or trust companies to my son James M. Heatherton, Jr., and the other half of said paper, which will include the other half of all moneys in bank or in trpst companies to the rest of my children in equal shares.”
Th…
2Cases cited9 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Roe v. . VingutNew York Court of Appeals · 1889
- Haxtun v. CorseNew York Court of Chancery · 1848
- Kilpatrick v. . JohnsonNew York Court of Appeals · 1857
- Crisfield v. StorrCourt of Appeals of Maryland · 1872
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3Cited by16 opinions
- Nugent v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- In re DavisNew York Surrogate's Court · 1927
- In re the Judicial Settlement of the Account of VoightAppellate Division of the Supreme Court of the State of New York · 1917
- Drobner v. PetersAppellate Division of the Supreme Court of the State of New York · 1921
- Faulkner v. CommissionerUnited States Board of Tax Appeals · 1940
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