Legal Opinion

Jones v. Jones

New York Supreme Court

Decided May 15, 1894PublishedCited by 18 opinions

Action to compel the execution of a trust contained in a will probated in the state of Illinois. The trust in question is contained in the codicil of the will of Caroline Ogden McCagg, and is as follows: “ Upon the death of my said sons, William Ogden Jones, Hahlon Ogden Jones or Louis Butler HcCagg, I direct my said trustees or trustee to give the part or share or parts or shares set apart for the use and benefit of the said deceased son or sons during his or their lives to…

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Action to compel the execution of a trust contained in a will probated in the state of Illinois. The trust in question is contained in the codicil of the will of Caroline Ogden McCagg, and is as follows: “ Upon the death of my said sons, William Ogden Jones, Hahlon Ogden Jones or Louis Butler HcCagg, I direct my said trustees or trustee to give the part or share or parts or shares set apart for the use and benefit of the said deceased son or sons during his or their lives to my said daughters, Caroline Ogden Jones and Frances Ogden Jones, or the survivor of them then living, to be used by…

1Opinion of the CourtAndrews, J.

After a careful examination of the pleadings, evidence and elaborate briefs of counsel I have reached the following conclusions:

First. The court has jurisdiction of the action. The plaintiffs and the defendant trustees. are residents of this state. Hr. E. W. S. Johnston has been duly appointed guardian ad litem of the infant William E. J ones. The complaint states that Mrs. Macfie has refused to become a plaintiff, and is, therefore, made a defendant.

All the parties in interest are before the court, and the court has jurisdiction, if it should see fit to exercise it, to the extent even of…

2Cited by18 opinions

  1. Steele v. GravesSupreme Court of Georgia · 1925
  2. In re New York Life Ins. & Trust Co.New York Surrogate's Court · 1913
  3. Caldwell v. UlshIndiana Supreme Court · 1916
  4. Lowell E. Allen and Ernestine Allen v. United Mine Workers of America 1979 Benefit Plan & TrustCourt of Appeals for the Seventh Circuit · 1984
  5. Smith v. Biggs Boiler Works Co.Court of Chancery of Delaware · 1952

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