Legal Opinion

In re the Judicial Settlement of the Accounts of Tenney

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1905PublishedCited by 6 opinions

Appeal by Katherine B. Lorillard and others from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 24th day of December, .1904, settling the accounts of Levi S. Tenney, as trustee of the trusts created by the 3d and 4th articles of the last will and testament of George J. Foster, deceased, for the benefit of Margaret A. Beeckman.

1Opinion of the Court

Ingraham, J.:

The question upon this appeal depends upon the construction to be given to the 6th clause of the will of George J. Foster. The, will was admitted to probate by the surrogate of New York county-on the 16th day of November, 1876. After making specific legacies and giving to his executors a power of sale of his real property the testator directed his executors to divide his residuary estate as follows: One-third of his residuary estate he gave and bequeathed to the children of his deceased sister Caroline, “ or such of them as shall be living at the time of my death and the issue…

2Cases cited4 opinions

  1. Soper v. . BrownNew York Court of Appeals · 1892
  2. Palmer v. . HornNew York Court of Appeals · 1881
  3. Drake v. . DrakeNew York Court of Appeals · 1892
  4. Chwatal v. . SchreinerNew York Court of Appeals · 1896

3Cited by6 opinions

  1. Rasquin v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1912
  2. In re the Judicial Settlement of the Account of Proceeding of BauerdorfNew York Surrogate's Court · 1912
  3. In re the Judicial Settlement of the Account of the Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
  4. Gowthorpe v. GoodwinMichigan Court of Appeals · 1976
  5. In re the Estate of MilnorNew York Surrogate's Court · 1914

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