Peck v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, A. Wellington Peck and another, as executors, from a judgment of the Supreme Court in favor of the defendant, entered in the office of- the clerk of the county of Fulton on the 16th day of June, 1917, dismissing the complaint upon the decision of the court after a trial at the Fulton Trial Term before the court, a jury having been waived.
1Opinion of the Court
John M. Kellogg, P. J.:
The question for determination is whether, under the will of Albert T. Peck, the transfer from his widow to her sister of the securities sought to be replevied is valid.
By the 2d item of the will he gave to his wife, Grace A. Peck, “ the use of the sum of Twenty thousand dollars for and during the term of her natural life, with the right and privilege to use such part or portion of the principal thereof as to her shall seem meet and proper.” By the 3d item of the will he gives to her “ for and during the term of her natural life, the use, rents and income of ” the…
2Cases cited3 opinions
- In Re the Accounting of Ithaca Trust Co.New York Court of Appeals · 1917
- In re the Construction of the Last Will & Testament of BriggsAppellate Division of the Supreme Court of the State of New York · 1917
- Thayer v. . MarshNew York Court of Appeals · 1878
3Cited by6 opinions
- Vincent v. RixNew York Court of Appeals · 1928
- In re the Construction of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1924
- Vincent v. PutnamNew York Supreme Court · 1926
- In re the Estate of HaddenNew York Surrogate's Court · 1942
- In re the Probate of the Last Will & Testament of SweeneyNew York Surrogate's Court · 1923
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