Collister v. . Fassitt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31,1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31,1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought to construe and enforce the will of Gerard B. Scranton, who died in the city of New York in December, 1888. The provisions in controversy are found in the fourth, fifth, sixth and eighth paragraphs thereof, and are as follows: “Fourth. I direct my wife, Amelia A. Scranton, out of the property hereinafter given and bequeathed to her by…
1Opinion of the CourtBabtlett, J.
This appeal presents the question whether subdivision “ Fourth ” of the testator’s will creates a trust for the benefit of the plaintiff or a charge • upon the residuary estate in her favor, which can be enforced in a court of equity.
The courts below have rendered judgment for the plaintiff,' and this appeal is from a .unanimous decision of the Appellate Division.
In order to properly construe the various provisions of the will and to ascertain the intention of the testator, it is necessary to consider the surrounding circumstances that culminated in the testamentary act.
The plaintiff was the…
2Cases cited8 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Clarke v. . LeuppNew York Court of Appeals · 1882
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- Clay v. . WoodNew York Court of Appeals · 1897
- In Re the Final Accounting of GardnerNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Estate of HiteCalifornia Supreme Court · 1909
- State v. RubionTexas Supreme Court · 1957
- In re the Accounting of the Marine Midland Trust Co.Appellate Division of the Supreme Court of the State of New York · 1971
- Post v. . MooreNew York Court of Appeals · 1905
73 more not listed; retrieve them via the Exa API.