In re Accounting of Miller
Appellate Division of the Supreme Court of the State of New York
Appeal bj George Macculloch Miller and another,, as trustees, -etc., of Levin R. Marshall, deceased, from a decree of the Surrogate’s Court of Westchester county, entered in the office of said Surrogate’s Court on the 30th day of December, 1896, upon the decision of the court in the proceedings instituted by the appellants, •trustees, for a voluntary accounting.
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Appeal bj George Macculloch Miller and another,, as trustees, -etc., of Levin R. Marshall, deceased, from a decree of the Surrogate’s Court of Westchester county, entered in the office of said Surrogate’s Court on the 30th day of December, 1896, upon the decision of the court in the proceedings instituted by the appellants, •trustees, for a voluntary accounting. Also an appeal by George M. Marshall, an incompetent person, by James E. Horan, his guardian ad litem, from each and every part of the above decree except such part as fixes the commissions to be paid to the trustees, the costs and…
1Opinion of the Court
Willard Bartlett, J.:
The testamentary provisions which we are called upon to consider in this litigation relate to the disposition of the residuary estate of *214Levin R. Marshall : (1) During the lifetime of the testator’s widow; (2) during the lifetime of the youngest of the testator’s children who was living at the time of the decease of the widow, and (3) upon the death of , such youngest child, when final distribution is directed to be made.
Ro question as to the projier construction of the will appears to have arisen during the first of these periods. The bequests of $2,000 a year apiece…
2Cases cited2 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Matter of Estate of BrownNew York Court of Appeals · 1883
3Cited by9 opinions
- In re the Estate of WeilNew York Surrogate's Court · 1934
- In re the Estate of WatsonNew York Surrogate's Court · 1932
- Agnew v. McCarthyCalifornia Court of Appeal · 1944
- Harrison v. McAdamNew York Supreme Court · 1902
- In re Judicial Settlement of the Account of ManningAppellate Division of the Supreme Court of the State of New York · 1900
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