Barker v. Southerland
New York Surrogate's Court
Construction of decedent’s will, in special proceeding instituted to procure a decree judicially settling the account of A. F. Southerland, as sole trustee thereunder, and directing a distribution of the fund.
1Opinion of the Court
The Surrogate.
In this proceeding, brought to obtain a final settlement of the account of the trustee above named, and a decree for the distribution of the trust estate, it becomes necessary to construe the will of decedent, under which the trust arose.
The material portions of that will are as follows, viz.: u I give, devise and bequeath all my estate, both real and personal, to James Cochrane, Esq., of Rochester, to hold the same in trust during the minority of my son, Andrew Stout McConvill, and after he shall arrive at the age of twenty-one years I give, devise and bequeath the same to said…
2Cases cited13 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Shipman v. . RollinsNew York Court of Appeals · 1885
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Pond v. BerghNew York Court of Chancery · 1843
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