In re Mayne
Appellate Division of the Supreme Court of the State of New York
Appeal by Rebecca S. Mills and others from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of July, 1904, appointing Solomon B. Livingston a trustee to execute the trust created by the last will and testament of Henry R. Dunham, deceased, for the benefit of the petitioner, Jane Mayne.
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Appeal by Rebecca S. Mills and others from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of July, 1904, appointing Solomon B. Livingston a trustee to execute the trust created by the last will and testament of Henry R. Dunham, deceased, for the benefit of the petitioner, Jane Mayne. The testator left two children, Rebecca S. Mills, a daughter, and Henry R. Dunham, Jr., a son, since deceased, whose children assigned their interest in the estate to one of the children of Rebecca S. Mills.
1Opinion of the Court
Hatch, J.:
The petitioner, Jane Mayne, is a legatee under the will of Henry R. Dunham, deceased, and claims that thereunder a trust was created for her benefit which has not been fully executed. It appeared that Dunham died January 11, 1874; his will was admitted to probate by the surrogate of Queens county on the 9th day of February, 1874, and letters testamentary were thereupon duly issued to all of the persons named as executors in the will. By the 11th clause the testator bequeathed to trustees the sum of $4,000 out of his personal estate, to be kept by them invested and to pay over the…
2Cases cited2 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- In re GueutalAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- In re the William M. Kline Revocable TrustNew York Surrogate's Court · 2003