Legal Opinion

Richmond v. Richmond

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

Decided January 8, 1908PublishedCited by 6 opinions

•Submission of a • controversy upon an- agreed státertient of facts pursuant to section 1-27.9-of the Code'of' Civil' Procedure. Moses Richmond, of the city of Buffalo, died December 30, 1890, leaving a last will and testament,, with á codicil thereto, which was admitted to probate by the. Surrogate’s Court of Erie county in January following. He left him surviving his widow, the plaintiff, but no children or.lineal descendants.

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•Submission of a • controversy upon an- agreed státertient of facts pursuant to section 1-27.9-of the Code'of' Civil' Procedure. Moses Richmond, of the city of Buffalo, died December 30, 1890, leaving a last will and testament,, with á codicil thereto, which was admitted to probate by the. Surrogate’s Court of Erie county in January following. He left him surviving his widow, the plaintiff, but no children or.lineal descendants. He left as "his only next of kin and sole residuary legatee and devisee a brother, Jeyvett M. Richmond, who died.in 1899, leaving the defendants, his children, and…

1Opinion of the Court

Spring, J.:

The testator by his will, which was. executed on the 14th day of February, 1884, bequeathed. to his wife ..$15,000, to be paid in a reasonable time after his decease, “ without. waiting fdr the'lapse of - one year; ” to two nieces of his .wife $5,000 each upon attaining the age of twenty-one. years.- By article '4 lie;bequeathed the-residue of his property to' his executors “ in trust, in their discretion to invest, reinvest, and keep invested, the personal .'property, rent, rerent and keep rented, collect-rents,.'insure' and keep insured and in repair, any aiid all real estate,…

2Cases cited10 opinions

  1. Gibbons v. MahonSupreme Court of the United States · 1890
  2. McLouth v. . HuntNew York Court of Appeals · 1897
  3. Robertson v. . De BrulatourNew York Court of Appeals · 1907
  4. In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
  5. In Re the Judicial Settlement of the Account of RogersNew York Court of Appeals · 1899

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3Cited by6 opinions

  1. Baker v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1918
  2. Day v. FaulksNew Jersey Court of Chancery · 1911
  3. United States Trust Co. v. HeyeAppellate Division of the Supreme Court of the State of New York · 1918
  4. In re the Accounting of Lincoln Rochester Trust Co.New York Surrogate's Court · 1945
  5. Bank of America Nat'l Asso. v. CommissionerUnited States Board of Tax Appeals · 1930

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