Matter of Earnshaw
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 8, 1909, which affirmed an order of Special Term vacating a former order appointing the appellant herein as trustee to execute certain trusts under the will of Joseph W. Corlies, Sr., deceased. Also motion to dismiss said appeal upon the ground that the order appealed from was not a final order. 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 second judicial department, entered April 8, 1909, which affirmed an order of Special Term vacating a former order appointing the appellant herein as trustee to execute certain trusts under the will of Joseph W. Corlies, Sr., deceased. Also motion to dismiss said appeal upon the ground that the order appealed from was not a final order. The facts, so far as material, are stated in the opinion. It was not necessary to make the contingent remaindermen parties to the proceeding for an appointment of a trustee in this…
1Opinion of the CourtHaight, J.
Joseph W. Corlies, Sr., died on the 25th day of October, 1860, seized of the premises in question. He left him surviving a widow, three sons and two daughters. He left a last will and testament which was duly proved and admitted to probate, in which, after making provision for his widow, he divided three-fifths of the remainder among his sous, and then gave the other two-fifths to his trustees in trust for his two daughters, Cornelia and Emily, during their lives, with remainders to their children. The will named his widow and three sons as executrix and executors and trustees. It authorized…
2Cases cited1 opinion
- Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
3Cited by7 opinions
- Meyer v. Superior CourtCalifornia Supreme Court · 1927
- Spencer v. LymanSouth Dakota Supreme Court · 1911
- Conlon v. . KellyNew York Court of Appeals · 1910
- O'Hayer v. de St. AubinNew York Supreme Court · 1964
- Portland Trust & Savings Bank v. RosenbergWashington Supreme Court · 1935
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