Legal Opinion

In Re the Accounting of Leask

New York Court of Appeals

Decided January 4, 1910PublishedCited by 88 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1909, which affirmed a decree of the Hew York county Surrogate’s Court settling the accounts of the trustees under the will of Hudson Hoagland, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1909, which affirmed a decree of the Hew York county Surrogate’s Court settling the accounts of the trustees under the will of Hudson Hoagland, deceased. The facts, so far as material, are stated in the opinion. Dorothy Racilia Hoagland was designated to take by Hudson Hoagland through the instrumentality of the law, the means-by which many testators appoint their beneficiaries. (Sewall v. Roberts, 115 Mass. 262; Warren v. Prescott, 84 Me. 483; Hartwell v. Tefft, 19 R. I.…

1Opinion of the CourtWillard Bartlett, J.

This case involves the right of an. adopted child to take under a bequest to the child or children of a beneficiary named in a will upon the termination of a» trust estate in favor of such beneficiary.

By the will of Hudson Hoagland the sum of $25,000 was given to his executors, to pay over the income thereof to Thomas G. Hoagland “ during his life, and upon his death leaving a child or children surviving him to pay over the principal of said sum to such child or children.”

In the event of the death of Thomas 0. Hoagland “ leaving no children surviving him” the $25,000 was to “revert to and…

2Cases cited7 opinions

  1. Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
  2. New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
  3. Warren v. PrescottSupreme Judicial Court of Maine · 1892
  4. Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
  5. Reinders v. KoppelmanSupreme Court of Missouri · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by88 opinions

  1. In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
  2. In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
  3. Mooney v. TollesSupreme Court of Connecticut · 1930
  4. In Re the Estate of WalterNew York Court of Appeals · 1936
  5. In Re the Accounting of ThacherNew York Court of Appeals · 1931

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