In re the Judicial Settlement of the Account of the Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Fannie Van Schaick, individually and as executrix, etc., from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 26th day of September, 1913, and also from said decree, as amended by an order entered in said court on the 8th day of October, 1913.
1Opinion of the Court
Scott, J.:
The only question presented on this appeal is as to the construction to be given to a single phrase in the last will and testament of Valentine Mott, deceased, the precise question being whether the word “ issue ” as used in the 5th clause of the will should be construed as meaning “children” or “ descendants,” the learned surrogate having adopted the latter construction.
The facts are as follows: Valentine Mott died in April, 1865, leaving a last will and testament dated July 1, 1863, and a codicil thereto dated February 18, 1865, which were both admitted to probate by the surrogate…
2Cases cited4 opinions
- Rasquin v. . HamersleyNew York Court of Appeals · 1913
- Rasquin v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Judicial Settlement of the Accounts of TenneyAppellate Division of the Supreme Court of the State of New York · 1905
- Emmet v. EmmetAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- In re the Judicial Settlement of the Account of Proceedings of Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- In re the Final Accounting of the Union Trust Co.New York Surrogate's Court · 1915
- In re the Estate of MilnorNew York Surrogate's Court · 1914