Legal Opinion

Farmers' Loan Trust Co. v. . Kip

New York Court of Appeals

Decided May 26, 1908PublishedCited by 53 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1907, which affirmed an interlocutory judgment of Special Term in an action brought to obtain a construction of the wills of George' Jones, ¡Rebecca Mason Jones and Frances Jones with reference to a fund held by the plaintiff as trustee. George Jones died in the city of Hew York on December 13th, 1886. He left no widow.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1907, which affirmed an interlocutory judgment of Special Term in an action brought to obtain a construction of the wills of George' Jones, ¡Rebecca Mason Jones and Frances Jones with reference to a fund held by the plaintiff as trustee. George Jones died in the city of Hew York on December 13th, 1886. He left no widow. His surviving heirs at law and next of kin were his three daughters, ¡Rebecca Mason Jones, Frances Jones and Margaret Smith; the defendant…

1Opinion of the CourtWerner, J.

The intricate questions presented upon this appeal have been considerably simplified by the able and illuminating arguments of counsel. These questions relate wholly to the testamentary disposition attempted to be made by Frances Jones of the remainder in an undivided one-fiftli of the premises Fío. 70 Broadway, over which she had been vested with a power of appointment under the will of her father, the late George Jones. This latter will had created a trust for the benefit of the daughter, Frances Jones, in an undivided one-fiftli share of the premises referred to, which was to continue…

2Cases cited9 opinions

  1. Robert v. . CorningNew York Court of Appeals · 1882
  2. Bevan v. . CooperNew York Court of Appeals · 1878
  3. Cutting v. . CuttingNew York Court of Appeals · 1881
  4. Harris v. FlyNew York Court of Chancery · 1839
  5. Fargo v. . SquiersNew York Court of Appeals · 1897

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3Cited by53 opinions

  1. In re HornidgeNew York Surrogate's Court · 1929
  2. Low v. Bankers Trust Co.New York Court of Appeals · 1936
  3. Farmers' Loan Trust Co. v. . MortimerNew York Court of Appeals · 1916
  4. Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
  5. In Re the Accounting of Ithaca Trust Co.New York Court of Appeals · 1917

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