Rudd v. . Cornell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1901, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought for an accounting by the plaintiffs as trustees under the last will and testament of George Rudd, deceased. It also involved the construction of the third clause of the testator’s will.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1901, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought for an accounting by the plaintiffs as trustees under the last will and testament of George Rudd, deceased. It also involved the construction of the third clause of the testator’s will. The appellant, individually and as administratrix of the estate of Genevieve M. Rudd, deceased, appeared and answered, alleging that her intestate was entitled to a portion of both…
1Opinion of the CourtMartin, J.
This controversy relates solely to the proper disposition of the portion of the estate of George Rudd, deceased, to which, under his will, Genevieve M. Rudd would have been entitled if she were still living and survived the trust term created thereby. The determination of this question involves the construction of the third paragraph of the testator’s will. He thereby gave all his residuary estate to his executors, in trust, to invest the personal property and to rent the real estate, and then, in effect, provided that during the life of the survivor of his two children Marvin and Allie, his…
2Cases cited25 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Goebel v. . WolfNew York Court of Appeals · 1889
- Shipman v. . RollinsNew York Court of Appeals · 1885
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3Cited by156 opinions
- United States v. PinkSupreme Court of the United States · 1942
- Wright v. . WrightNew York Court of Appeals · 1919
- Bannon v. BannonNew York Court of Appeals · 1936
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
- Ripley v. StorerNew York Court of Appeals · 1956
151 more not listed; retrieve them via the Exa API.