Vanderpoel v. . Loew
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 25, 1887, which affirmed a judgment entered upon a decision of the court on trial at Special Term.
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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 25, 1887, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Jacob Vanderpoel, who died in February, 1884, seized and possessed of real estate valued at about $575,000, and personalty of the value of about $25,000. The testator left four children and one grandchild, tne daughter of a deceased son, his only heirs-at-law him surviving. The material portions…
1Opinion of the CourtFinch, J.
The pivotal question in this case is the inquiry whether the testator meant to create one trust, enveloping the interests of all the beneficiaries, and holding them in its grasp until a final or ultimate division, or whether he intended to Constitute five separate trusts, each to be measured by its own terms, and having its own several purpose to accomplish. It is scarcely denied that upon the first construction the limitations will prove too remote, and result in a failure of the trust, and an intestacy as to the bulk of the estate; and so we are in duty bound to reject that construction if…
2Cases cited6 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Warner v. . DurantNew York Court of Appeals · 1879
- Everitt v. . EverittNew York Court of Appeals · 1864
- Embury v. . SheldonNew York Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- In Re the Will of HornerNew York Court of Appeals · 1924
- US Trust Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- In Re Estate of SpreckelsCalifornia Supreme Court · 1912
81 more not listed; retrieve them via the Exa API.