In re the Estate of Cole
Appellate Division of the Supreme Court of the State of New York
Appeal by Clarissa Sprake from an order of the Surrogate’s Court of the county of Queens, entered in the office of said Surrogate’s Court on the 9th day of September, 1916, denying her application for an order directing the Union Trust Company of New York, as executor, to pay to her $10,000 as the amount of a legacy. William Washington Cole died March 10, 1915, whose will, executed June 5, 1900, was admitted to probate on May 10, 1916. It contained this provision: “VI.
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Appeal by Clarissa Sprake from an order of the Surrogate’s Court of the county of Queens, entered in the office of said Surrogate’s Court on the 9th day of September, 1916, denying her application for an order directing the Union Trust Company of New York, as executor, to pay to her $10,000 as the amount of a legacy. William Washington Cole died March 10, 1915, whose will, executed June 5, 1900, was admitted to probate on May 10, 1916. It contained this provision: “VI. I direct my Executor to purchase within one year after my death of some Life Insurance Company or other Company sound…
1Opinion of the Court
Putnam, J.:
An affirmance here involves a departure from the settled law of England (3 Corpus Juris, 218, § 39, n. 65); of Massachusetts (Parker v. Cobe, 208 Mass. 260), and from a prior decision of Mr. Justice Truax at Special Term in New York county (Reid v. Brown, 54 Misc. Rep. 481). These have all supported the rule (against which we have been referred to no decision) that a bequest of a sum to buy an annuity gives an election to take the money as a capital sum, and the legatee can insist that no annuity shall be bought.
The respondent, however, urges that this is not yet settled by any…
2Cases cited8 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Degraw v. ClasonNew York Court of Chancery · 1844
- Parker v. CobeMassachusetts Supreme Judicial Court · 1911
- Reid v. BrownNew York Supreme Court · 1907
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3Cited by4 opinions
- In re the Judicial Settlement of the Account of FullerAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Last Will & Testament & Codicils of BertuchAppellate Division of the Supreme Court of the State of New York · 1928
- Feiler v. KleinOhio Court of Appeals · 1947
- In re the Last Will & Testament & Codicils of BertuchNew York Surrogate's Court · 1928