In re the Judicial Settlement of the Account of Proceedings of Davidge
Appellate Division of the Supreme Court of the State of New York
Appeal by Francis Rooney, as executor, etc., and others from so much of a decree of the Surrogate's Court of the county of Orange, entered in the office of said Surrogate's Court on the 28th day of March, 1921, as adjudges that the provisions of the 9th clause of said will creating a trust are invalid, and that the 10th clause of said will is invalid.
1Opinion of the Court
Kelby, J.:
The executors under the last will and testament of Florence Harriett Davidge, deceased, filed their account of proceedings as such executors in the Surrogate’s Court of Orange county. The executors were not in accord on the question of the validity of a trust created by their testatrix in the 9th clause of her will, and one of the executors, since deceased, asked that the question of the validity of the trust be determined upon the accounting. The court below has determined that the provisions of the 9th paragraph of the will created a trust for a charitable use and was, therefore,…
2Cases cited5 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Williams v. . WilliamsNew York Court of Appeals · 1853
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Hascall v. . KingNew York Court of Appeals · 1900
- In Re Proving the Will of CunninghamNew York Court of Appeals · 1912
3Cited by17 opinions
- In re the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of WinburnNew York Surrogate's Court · 1931
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- In re the Intermediate Judicial Settlement of the Accounts of SanfordNew York Surrogate's Court · 1928
- In re the Estate of TiffanyNew York Surrogate's Court · 1935
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