In Re the Accounting of the Farmers' Loan & Trust Co.
New York Court of Appeals
Appeal from an "order of the Appellate Division of the Supreme Court in the first judicial department, entered September 23, 1920, modifying and affirming as modified a decree of the New York County Surrogate’s Court settling the accounts of the trustee under and construing the will of Charles W. Durant, deceased.
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Appeal from an "order of the Appellate Division of the Supreme Court in the first judicial department, entered September 23, 1920, modifying and affirming as modified a decree of the New York County Surrogate’s Court settling the accounts of the trustee under and construing the will of Charles W. Durant, deceased. The direction to the trustee contained in the 9th paragraph of the will of Mr. Durant that “ upon the death ” of the testator’s daughter Estelle “ leaving lawful issue her surviving to pay over to such issue the principal of such share so devised in trust to be equally divided…
1Opinion of the CourtMcLaughlin, J.
Charles W. Durant died in 1885, leaving him surviving five children' and certain grandchildren. His wife predeceased him. He left a last will and testament and codicil thereto, which were admitted, to probate by the Surrogate’s Court of the county of New York, and letters testamentary issued to one of the executors therein named. By his will he gave his entire residuary estate to his executors' in trust to invest and keep invested during the life of his wife and to annually pay to her the income therefrom up to a certain amount, and if it exceeded the amount named, then to divide such surplus…
2Cases cited7 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Schmidt v. . JewettNew York Court of Appeals · 1909
- Dexter v. InchesMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Central Hanover Bank & Trust Co. v. PellNew York Court of Appeals · 1935
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- Wilkins v. RowanNebraska Supreme Court · 1921
- In Re the Accounting of RoeNew York Court of Appeals · 1924
- In re the Estate of TalbotNew York Surrogate's Court · 1939
39 more not listed; retrieve them via the Exa API.