In re Kohler
Appellate Division of the Supreme Court of the State of New York
!" Separate appeals by the petitioners, Veronica M. Kohler and others, as executors and trustees, etc., and. by Veronica M. Kohler, individually, and by others, from the whole and parts of a decree of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said court on the 21st day of November, 1918, confirming a report of a referee in proceedings for the construction of a will and settling the account of the trustees. . •
1Opinion of the Court
Page, J.:
After a careful consideration of the will of Charles Kohler I find myself unable to accept the constructions placed upon it in the opinions of my brother Merrell, the surrogate or the distinguished referee. In each, in my opinion, a result is reached which is contrary to and in some respects, destructive of the purposes and intentions of the testator. In the opinion of Mr. Justice Merrell the trustees are given a reasonable time to close up the business and marshal the assets, establish the separate trust funds and distribute the remainder of the residuary estate to the daughters.…
2Cases cited12 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Robert v. . CorningNew York Court of Appeals · 1882
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Pierrepont v. . EdwardsNew York Court of Appeals · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Matter of KohlerNew York Court of Appeals · 1921
- In re ErbNew York Surrogate's Court · 1929
- In re the Estate of StulmanNew York Surrogate's Court · 1933
- In re the Estate of GablerNew York Surrogate's Court · 1931
- Town of Hartland v. Damon's EstateSupreme Court of Vermont · 1931
12 more not listed; retrieve them via the Exa API.