Smith v. Campbell
New York Supreme Court
Appeal from special term, ¡New York county. Action by Richard A. Smith and others, as trustees under the will of Richard L. Campbell, deceased, against Rosalie C. Campbell and others, for an accounting, and a construction of the will. From an interlocutory judgment, defendant Rosalie C. Campbell appeals.
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Appeal from special term, ¡New York county. Action by Richard A. Smith and others, as trustees under the will of Richard L. Campbell, deceased, against Rosalie C. Campbell and others, for an accounting, and a construction of the will. From an interlocutory judgment, defendant Rosalie C. Campbell appeals. February 2, 1884, Richard L. Campbell died, leaving a widow, Emeline F. Campbell, and two minor daughters, Martha Campbell and Rosalie C. Campbell, his only heirs and next of Mn. He also left three sisters, Letitia S. Sands, Mary Smith, and Martha H. Campbell, who are still living. June 1,…
1Opinion of the CourtFollett, J.
The sole question involved in this case is whether the income which accumulated on Martha’s share prior to her death goes with the principal to her sister Rosalie C. Campbell or to the administratrix of Martha’s estate, to be equally divided between herself and Rosalie C. Campbell. It is provided by sections 3 and 4 of title 4 of chapter 4 of part 2 of the Revised Statutes1 that all directions for the accumulations of the income of personal property shall be void unless such accumulation is for the benefit of one or more minors. It is urged in behalf of the appellant that in case two separate…
2Cases cited5 opinions
- Goebel v. . WolfNew York Court of Appeals · 1889
- Pray v. . HegemanNew York Court of Appeals · 1883
- Wood v. . MitchamNew York Court of Appeals · 1883
- Barbour v. . De ForestNew York Court of Appeals · 1884
- Harris v. . ClarkNew York Court of Appeals · 1852
3Cited by4 opinions
- Morris v. MorrisNew York Court of Appeals · 1936
- Rhode Island Hospital Trust Company v. NoyesSupreme Court of Rhode Island · 1904
- In re the Transfer Tax upon the Estate of KirbyNew York Surrogate's Court · 1928
- In re the Judicial Settlement of the Account of Proceedings of ZieglerNew York Surrogate's Court · 1913