Legal Opinion

In Re the Judicial Settlement of the Accounts of Paton

New York Court of Appeals

Decided November 27, 1888PublishedCited by 32 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 26, 1887, which modified a decree of the surrogate of the county of Eew York, upon settlement df the accounts of David Patón, as trustee, under the will of John Kurst, deceased, directing the entire surplus of the trust fund, involved in this proceeding, to he paid to John B. Kurst, by directing that one-half thereof should be paid to said John B.…

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 26, 1887, which modified a decree of the surrogate of the county of Eew York, upon settlement df the accounts of David Patón, as trustee, under the will of John Kurst, deceased, directing the entire surplus of the trust fund, involved in this proceeding, to he paid to John B. Kurst, by directing that one-half thereof should be paid to said John B. Kurst, and the other half should be divided equally between the two sons of his deceased brother Charles IT. Kurst, and…

1Opinion of the CourtGray, J.

The question presented by tnese appeals is as to the construction to be given to the language in the ninth clause of the will of John Kurst. The will was made in 1858 and the testator died in 1863. His wife survived him and died later in the same year. At his death there were living two sons ; a daughter, Julia, mentioned in the will, having died before testator at -the age of nine years. One of the sons, Charles, was married when his father made this will, and he died before his mother, leaving two sons, parties and appellants in this proceeding. The claimants to the fund in the trustee’s…

2Cases cited3 opinions

  1. Matter of Estate of BrownNew York Court of Appeals · 1883
  2. Prowitt v. . RodmanNew York Court of Appeals · 1867
  3. Haines ex rel. Seeley v. OatmanMichigan Supreme Court · 1847

3Cited by32 opinions

  1. In re the Estate of WeilNew York Surrogate's Court · 1934
  2. In re Proving the Last Will & Testament of ToneAppellate Division of the Supreme Court of the State of New York · 1919
  3. Pfender v. DepewAppellate Division of the Supreme Court of the State of New York · 1910
  4. In re the Accounting of Bank of New YorkNew York Court of Appeals · 1959
  5. Agnew v. McCarthyCalifornia Court of Appeal · 1944

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