United States Trust Co. v. . Soher
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, 1903, which modified and affirmed as modified a judgment of Special Term construing the will of Andrew Solier, deceased. The facts, so far 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 December 31, 1903, which modified and affirmed as modified a judgment of Special Term construing the will of Andrew Solier, deceased. The facts, so far material, are stated in the opinion. The direction for accumulations for the benefit of unborn descendants was an essential part of the general scheme of the testator, and it cannot he cut out of the will, and the legal trusts preserved, without overturning the genéral purpose and intent of the testator and bringing about results…
1Opinion of the CourtHaight, J.
The question brought up for review involves the construction of the will of Andrew Soher, who died on the 9th day of February, 1901, in the city of 24ew York, leaving the will in question, which has been duly admitted to probate by the surrogate of that county. lie left him surviving as his only next of kin and heirs at law two sons, Le Boy, born in January, 1882, and Bodney, born in 24ovember, 1893. The testator, by his will, after making certain specific bequests, among which was one to Bodney of §15,000 upon his becoming twenty-one years of age, devised and bequeathed all the residue and…
2Cases cited7 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Phelps' v. . PondNew York Court of Appeals · 1861
- Cook v. . LowryNew York Court of Appeals · 1884
- Haxtun v. CorseNew York Court of Chancery · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Matter of KohlerNew York Court of Appeals · 1921
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- Swetland v. SwetlandNew Jersey Court of Chancery · 1926
- In re KohlerNew York Surrogate's Court · 1916
23 more not listed; retrieve them via the Exa API.