Moore v. De Groote
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kittie P. De Groote, individually and as executrix, etc., from an order of the Supreme Court, made at the New York' Special Term and entered in the office of the clerk of the county of New York on the 19 th day of April, 1913, overruling a demurrer to the complaint and' awarding judgment in plaintiff’s favor.
1Opinion of the Court
Scott, J.:
The controversy is between the two executrices of the last will and testament of Albert H. Moore, deceased, and the complaint is addressed to the equitable side of the court, asking a construction of said will. The plaintiff and defendant, besides being coexecutrices, are colegatees of the residuary estate. The will contains no trust provisions and relates only to personal property. The question which perplexes the plaintiff is as to how the residuary estate should be divided when the time for division arrives between the two residuary legatees, a question well within the competency…
2Cases cited1 opinion
- Pyle v. PyleAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- Noll v. RuprechtAppellate Division of the Supreme Court of the State of New York · 1939
- Evans v. AppellAppellate Division of the Supreme Court of the State of New York · 1924
- In re the Estate of AppellNew York Surrogate's Court · 1924
- In re the Estate of CatlinNew York Surrogate's Court · 1915
- In re the Estate of LedyardNew York Supreme Court · 1939
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