Herzog v. . the Title Guarantee and Trust Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judical department, entered January 27, 1912, modifying and affirming as modified a judgment of Special Term in an action for an accounting.
1Opinion of the Court
Per Curiam.(1) In the action brought to construe the will of the decedent, McComb, which involved the construction also of the trust deed, it is said in the opinion of the court rendered at Special Term:
There is contained “in the will a clear designation of the persons to whom is to be paid the net income derived as well from the Central Park Apartment Buildings as from the remainder of the estate, and it becomes the duty of the trustee named in the trust deed to pay over the net income in equal shares to the testator’s children, who will thus receive it, not by virtue of the will, but by…
2Cases cited1 opinion
- McComb v. Title Guarantee & Trust Co.New York Supreme Court · 1901
3Cited by8 opinions
- Guaranty Trust Co. v. HalstedNew York Court of Appeals · 1927
- First Nat. Bank of Opp v. WeaverSupreme Court of Alabama · 1932
- In re the Judicial Settlement of the Account of Bankers Trust Co.New York Surrogate's Court · 1927
- In re the Judicial Settlement of the Account of The People's Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of RolstonNew York Surrogate's Court · 1939
3 more not listed; retrieve them via the Exa API.