Bowditch v. . Ayrault
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22,1892, which modified, and affirmed as modified, an interlocutory judgment in favor of plaintiff, entered upon the report of a referee. This was an action for the construction of a clause in the will of Allen Ayrault, deceased. The clause in question and the facts, so far as material, are set forth in the opinion.
1Opinion of the CourtPeckham, J.
The sole question for our determination arises upon the construction to be given to the 25th clause in the will of Allen Ayrault, who died February 4, 1861, then being a resident of the county of Livingston in this state. The will was duly admitted to probate, and everything being in readiness for a final closing up and accounting by the trustee under the will, of all matters pertaining thereto, such trustee has brought this action to obtain a construction of the clause in the will above mentioned, and to make a final distribution of the funds in his hands, pursuant to the decree of the court.
2Cited by69 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- In Re the Final Judicial Settlement of the Annual Accounts of HoytNew York Court of Appeals · 1899
- Thorn v. . De BreteuilNew York Court of Appeals · 1904
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
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