Goebel v. . Wolf
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. This was an action for the construction of the will of Andrew Froelich, who died leaving a widow and four minor children, one of whom has since died, surviving him.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. This was an action for the construction of the will of Andrew Froelich, who died leaving a widow and four minor children, one of whom has since died, surviving him. The questions arose as to the residuary clause of the will, which is as follows:. “ Third. I give, devise and bequeath all the rest, residue and remainder of my property, real and personal and mixed, of…
1Opinion of the CourtAndrews, J.
No exception was taken to the finding that, by the will in question,,a valid trust was created in the executors, as trustees, in all the real estate of the testator during the life of the widow and the minority of his youngest child. The validity of the trust to carry on the business, and. in the personalty connected therewith, is conceded. We shall,, therefore, assume, without examination, that the trusts in the; will in their main aspects were legally constituted.
The counsel for the appellant does, indeed, present the; "point that the trust as to the one-half of the real estate will…
2Cases cited2 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- Bryan v. KnickerbackerNew York Court of Chancery · 1846
3Cited by108 opinions
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- In Re Estate of BlakeCalifornia Supreme Court · 1910
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Steinway v. . SteinwayNew York Court of Appeals · 1900
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