In re the Accounting of Cross
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVaughan, J.
This is a proceeding for the construction of the will of James Sayre, deceased. The serious question presented is whether the class of heirs of the testator, to whom the trust remainder is given upon certain contingencies, should be determined as of the testator’s death or as of the time of distribution of the corpus. The Surrogate has adopted the former construction, and a nephew of the testator appeals to this court.
The testator’s will, executed in 1905, provided as follows: 1 ‘ I give and devise all of my property, real and personal, unto my executors hereinafter named, in trust…
2Cases cited8 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- In Re the Will of BumpNew York Court of Appeals · 1922
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Salter v. . DrowneNew York Court of Appeals · 1912
- In re the Judicial Settlement of the Account of Proceedings of Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1925
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3Cited by6 opinions
- In re the Estate of SymondsAppellate Division of the Supreme Court of the State of New York · 1981
- Delaware Trust Company v. McCuneCourt of Chancery of Delaware · 1970
- Estate of McKenzieCalifornia Court of Appeal · 1966
- Wells Fargo Bank v. Title Insurance & Trust Co.California Court of Appeal · 1971
- Wells Fargo Bank v. Regents of University of CaliforniaCalifornia Court of Appeal · 1993
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