Jewett v. Schmidt
New York Supreme Court
The plaintiff, the daughter of the defendant Melinda P. Schmidt, brings this action by virtue of her interest as remainder-man in the fund set apart by the following provision of the last will and codicil of her grandfather, George Parbury Pollen, who died in 1877: “ To my daughter Melinda .1 also give the interest or income .as it accrues on Two hundred thousand ($200,000) dollars during her natural life, the said amount to be set apart in such good dividend paying stocks…
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The plaintiff, the daughter of the defendant Melinda P. Schmidt, brings this action by virtue of her interest as remainder-man in the fund set apart by the following provision of the last will and codicil of her grandfather, George Parbury Pollen, who died in 1877: “ To my daughter Melinda .1 also give the interest or income .as it accrues on Two hundred thousand ($200,000) dollars during her natural life, the said amount to be set apart in such good dividend paying stocks as may stand in my name at the time of my decease, and at the then market value of the same. And at her death I will that…
1Opinion of the CourtKeener, J.
The plaintiff is entitled to an interlocutory judgment appointing a trustee and a referee to take and state the accounts and directing that the amount of the trust fund as ascertained by said accounting be paid over to said trustee. Royce v. Adams, 123 N. Y. 402; Horsfield v. Black, 40 App. Div. 264; Wildey v. Robinson, 85 Hun, 362.
A trust was created by the provisions of this will. Matter of Hecht, 71 Hun, 62. The principal is not given to Melinda P. Schmidt for life, but only the “ interest or income as it accruesThe case at bar differs in that particular from Butler v. Butler, 41 App. Div.…
2Cases cited7 opinions
- Matter of DeweyNew York Court of Appeals · 1897
- In re the Judicial Settlement of the Account of Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Royce v. . AdamsNew York Court of Appeals · 1890
- Wildey v. RobinsonNew York Supreme Court · 1895
- Horsfield v. BlackAppellate Division of the Supreme Court of the State of New York · 1899
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