Legal Opinion
In re the Judicial Settlement of the Account of Westchester Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 23, 1916PublishedCited by 2 opinions
Appeal by Jane S. Van Etten from part of a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 14th day of April, 1916, construing the will of Margaret De Erate Hodgman, deceased, and settling the accounts herein.
1Opinion of the Court
Carr, J. :
The only question involved on this appeal is one of law, namely, the construction- of the 4th clause of the will of. Margaret Hodgman, deceased. The particular provision requiring construction is the final subdivision of the 4th clause of the will, which reads as follows:
“And the remaining equal fifth part I give and bequeath to my Executors, or those of them who shall qualify as such, and the survivors or survivor of them, in trust to hold the same during the life of my daughter Mary Louisa Seaman, and to pay her the net income thereof, semi-annually, during her life, and upon her…
2Cases cited4 opinions
- Teed v. . MortonNew York Court of Appeals · 1875
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
- Schmidt v. . JewettNew York Court of Appeals · 1909
- Schmidt v. JewettAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- In Re the Accounting of the Equitable Trust Co.New York Court of Appeals · 1931
- In re the Estate of MurphyNew York Surrogate's Court · 1935