Farmers' Loan Trust Co. v. . Mortimer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court' in the first judicial department, entered March 23, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as .material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court' in the first judicial department, entered March 23, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as .material, are stated in the opinion. The power of appointment given to John Mortimer was a beneficial power and lawful, and he had the absolute right to dispose of it by appointment, or by last will and testament, as provided in his mother’s will. (Cutting v. Cutting, 86 N. Y. 536; Crooke v. County of Kings, 91…
1Opinion of the CourtCardozo, J.
The plaintiff, a trustee, brings this action for the settlement of its accounts. Frances E. Mortimer died in 1894. By her will she gave a share of her estate to the plaintiff in trust to apply the income to the use of her son John Mortimer, and upon his death to transfer the share to his lawful issue, “unless said John Mortimer shall by his last will and testament otherwise direct.” There follows a power of appointment in the following words: “ I hereby authorize and empower the said John Mortimer to make such disposition of the share of my estate in the second paragraph of my will given to…
2Cases cited5 opinions
- Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
- In Re the Appraisal Under the Transfer Tax Act of the Estate of KiddNew York Court of Appeals · 1907
- Wilks v. BurnsCourt of Appeals of Maryland · 1883
- Phalen v. . United States Trust Co.New York Court of Appeals · 1906
- Learned v. TallmadgeNew York Supreme Court · 1856
3Cited by46 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Ex Parte SimonsSupreme Court of the United States · 1918
- Pitman v. PitmanMassachusetts Supreme Judicial Court · 1943
- Chase National Bank v. Chicago Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- In re the Estate of BuehlerNew York Surrogate's Court · 1945
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