Thompson v. Hicks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George F. Hicks and another, individually, and as sole surviving executors and trustees, etc., of Mary Jewett, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 26th day of August, 1895, upon the decision of the court rendered after a trial at the Kings County Special Term, said judgment having been resettled, and the form so resettled having been entered in…
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Appeal by the defendants, George F. Hicks and another, individually, and as sole surviving executors and trustees, etc., of Mary Jewett, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 26th day of August, 1895, upon the decision of the court rendered after a trial at the Kings County Special Term, said judgment having been resettled, and the form so resettled having been entered in place of the former judgment on September 7,1895, and also from an order granted at the Kings County Special Term on the…
1Opinion of the Court
Hatch, J.:
It appeared upon the trial that the testatrix, Mary Jewett, died on January 31, 1887, leaving a last will and testament, whereby'she constituted the defendants and one Benjamin K. True executors and trustees thereof. The will was duly admitted to probate, and said persons duly qualified as such executors. The questions that arise upon this appeal relate to the ninth clause of the will, which reads:
“ Ninth. I give and bequeath to my executors and executrix, in trust, so much and such a sum of money as will enable them to invest the same (which they are hereby directed to do), and…
2Cases cited4 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- In Re the Accounting of NilesNew York Court of Appeals · 1889
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Earle v. . EarleNew York Court of Appeals · 1883
3Cited by3 opinions
- Rosenberg v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of SlensbyNew York Surrogate's Court · 1938
- In re the Judicial Settlement of JohnsonNew York Surrogate's Court · 1904