In Re the Accounting of Crane
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made January 31, 1899, affirming a decree of the Surrogate’s Court of the county of Hew York judicially settling the account of Alexander B. Crane, as substituted trustee under the last will and testament of Lewis F. Battelle, deceased, and construing certain parts of said will. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made January 31, 1899, affirming a decree of the Surrogate’s Court of the county of Hew York judicially settling the account of Alexander B. Crane, as substituted trustee under the last will and testament of Lewis F. Battelle, deceased, and construing certain parts of said will. The facts, so far as material, are stated in the opinion. The decisions of the Supreme Court, Appellate Division and of the Surrogate’s Court rest upon the rule that the law favors the vesting of legacies, and they…
1Opinion of the Court
Parker, Ch. J.
On this review we are called upon to construe the will of Lewis ,E. Battelle, who, at the time of its execution, had no descendants, but had a wife, seven brothers and sisters and a niece. After providing for- the payment of his debts and funeral expenses he gave to his wife liis household furniture, the contents of his. stable and ten thousand dollars in money, and to two of his sisters and his brother Thomas certain legacies, after which he devised and bequeathed all the rest of his estate to his executors in trust, commanding them to sell and dispose of all of his real…
2Cases cited4 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Delaney v. . McCormackNew York Court of Appeals · 1882
- In re Judicial Settlement of the Accounts of EmbreeAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by157 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Dougherty v. . ThompsonNew York Court of Appeals · 1901
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Fulton v. FultonSupreme Court of Iowa · 1917
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