Stoiber v. Stoiber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Stoiber, as trustee of the trust attempted to be created by the fourth clause of- the first codicil to the last will and testament of Felix Stoiber, deceased, from a judgment of the Supreme Court in favor of the plaintiff and certain defendants, entered in the office of the clerk of the county of Kings on the 1st day of December, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term, adjudging “ that the…
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Appeal by the defendant, Louis Stoiber, as trustee of the trust attempted to be created by the fourth clause of- the first codicil to the last will and testament of Felix Stoiber, deceased, from a judgment of the Supreme Court in favor of the plaintiff and certain defendants, entered in the office of the clerk of the county of Kings on the 1st day of December, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term, adjudging “ that the trust attempted to be created by the fourth clause of the first •codicil to the last will and testament of Felix Stoiber,…
1Opinion of the Court
Cullen, J.:
This action was brought for the construction of the will and 1st codicil thereto of Felix Stoiber, who died in the city of New York ■on November 12, 1889, leaving him surviving his widow and five *158'children, all of age except Clara M. Stoiber, an infant. By the 7th. clause of the will the testator gave all the residue of his estate, real and personal, to certain trustees “for and during the following-period, viz., so long as my said wife shall live and until my daughter Clara M. shall have reached the age of twenty-one years, unless my wife shall be living when my .daughter Clara M.…
2Cases cited3 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Morse v. . MorseNew York Court of Appeals · 1881
- Garvey v. . McDevittNew York Court of Appeals · 1878
3Cited by2 opinions
- Whitefield v. CrissmanAppellate Division of the Supreme Court of the State of New York · 1908
- Liberty Nat. Bank & Trust Co. in New York v. New England Investors Shares, Inc.District Court, D. Massachusetts · 1928