Kendall v. De Forest
Court of Appeals for the Second Circuit
.Appeal from the Circuit Court of the United States for the Southern District of New York. Action by Sarah J. Kendall against Robert N. De Forest, individually and as trustee, etc., and the New York Life Insurance & Trust Company, to enforce payment of an annuity. From a decree in favor of complainant, defendants appealed.
1Opinion of the Court
WALLACE, Circuit Judge.
By the will of Mrs. Andrews, who died in 1883, the executor was empowered to sell and convey the ■ real estate of the testatrix, and became a trustee to receive the rents ! and income of the whole estate, and apply the same first to the pay-ment of annuities aggregating $3,490 given by the will to several legatees, and thereafter to the payment of various residuary legatees. In 18S5 the executor applied to the surrogate’s court for a judicial settlement of his account, and had an accounting, and to that proceeding every person interested in the estate was a party. .By…
2Cases cited4 opinions
- Smith v. . Central Trust Co.New York Court of Appeals · 1897
- In the Matters of HowardSupreme Court of the United States · 1870
- Williams v. GibbesSupreme Court of the United States · 1855
- In the Matter of George W. RobinsonNew York Court of Appeals · 1867
3Cited by4 opinions
- In Re the Estate of CampbellHawaii Supreme Court · 1963
- In Re Estate of JonesSupreme Court of Iowa · 1945
- In re the Trust under the Will of LaneCourt of Chancery of Delaware · 1916
- In Re the Estate of CampbellHawaii Supreme Court · 1963