Verplanck v. Tompkins
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 26, 1896, affirming an order of the surrogate of Westchester county. Also an appeal from a judgment of the Appellate Division in the second department, entered December 26, 1896, reversing a judgment of the Special Term, Westchester county, in the action of David Verplanck, as executor and trustee, against Jotham S. Tompkins et al., for an accounting.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 26, 1896, affirming an order of the surrogate of Westchester county. Also an appeal from a judgment of the Appellate Division in the second department, entered December 26, 1896, reversing a judgment of the Special Term, Westchester county, in the action of David Verplanck, as executor and trustee, against Jotham S. Tompkins et al., for an accounting. Also in an action of Jotham S. Tompkins against David Verplanck, as executor and trustee, for a construction of the will of…
1Opinion of the CourtBartlett, J.
We are called upon to construe the will of Joseph Warren Tompkins, deceased, at one time a well-known lawyer in Westchester county.
The testator left him surviving a widow and two children, a son, Jotham S. Tompkins, and a daughter, Marion W. Tompkins.
The testator died in 1874, the widow in 1885., and the daughter in 1889 unmarried and without issue. The son, Jotham, still survives, a widower without issue, aged seventy-three years.
The daughter, Marion, left a will by which she devised and bequeathed to one Emil B. Morel any interest she had in the estate of her father.
Morel died subsequently,…
2Cases cited10 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Everitt v. . EverittNew York Court of Appeals · 1864
- Delafield v. . ShipmanNew York Court of Appeals · 1886
- Nelson v. . RussellNew York Court of Appeals · 1892
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
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3Cited by26 opinions
- Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
- Matter of Ossman v. . Von RoemerNew York Court of Appeals · 1917
- In re KohlerNew York Surrogate's Court · 1916
- Young v. BarkerAppellate Division of the Supreme Court of the State of New York · 1910
- Davidson v. JonesAppellate Division of the Supreme Court of the State of New York · 1906
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