Simonson v. Waller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George A. Waller and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of December, 1895, in the following specific respects: First. From that part thereof by which it is adjudged as follows: “ Second.
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Appeal by the defendants, George A. Waller and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of December, 1895, in the following specific respects: First. From that part thereof by which it is adjudged as follows: “ Second. That by reason of the decease of said Amelia Hannah without ever having had issue, the said James Shaw Taylor died intestate as to said residuary estate, which intestacy occurred as of the date of the death of the said Amelia Hannah.” Second. From that part…
1Opinion of the Court
Patterson, J. :
This suit was instituted by a trustee of a testamentary trust, having in his possession securities of considerable value, constituting a part of the trust estate. The purpose for which the trust was primarily established and created having been accomplished, its capital, which consists of personal property only, is in condition to be distributed to or among those who may be entitled thereto, freed from the trust. Various defendants having advanced adverse claims to the funds or securities in his hands, the plaintiff filed his bill, praying that judicial construction be given to…
2Cases cited2 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Staples v. . NottNew York Court of Appeals · 1891
3Cited by13 opinions
- United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
- Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
- In re the Estate of LeonardNew York Surrogate's Court · 1932
- In re the Judicial Settlement of the Account of Waterbury Trust Co.New York Surrogate's Court · 1927
- Brown v. RichterAppellate Division of the Supreme Court of the State of New York · 1898
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