Legal Opinion

Rasquin v. Hamersley

Appellate Division of the Supreme Court of the State of New York

Decided September 10, 1912PublishedCited by 13 opinions

Appeals by the plaintiffs, William Rasquin, Jr., and another, as executors, etc., and by the defendants, William Pitt Mason and others, from various parts of a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Queens on the 25th day of August, 1911, upon the report of a referee. Judgment affirmed, with costs, on the opinion of James L. Bishop, Esq., Referee.

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Appeals by the plaintiffs, William Rasquin, Jr., and another, as executors, etc., and by the defendants, William Pitt Mason and others, from various parts of a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Queens on the 25th day of August, 1911, upon the report of a referee. Judgment affirmed, with costs, on the opinion of James L. Bishop, Esq., Referee. Jerks, P. J., Burr, Thomas, Woodward and Rich, JJ., concurred.

1Opinion of the Court

The following is the opinion of the referee:

James L. Bishop, Referee:

This is an action for an accounting by the trustees under the will of Louis C. Hamersley and for a distribution of his estate. The issues .presented call for a construction of certain provisions of the will. The testator died on the 3d day of May, 1883. *524By his will he gave all his estate, real and personal, to his executors in trust to receive the. income and apply it to the use of his wife during her life, and upon her death he gave the estate to his issue per stirpes. He then proceeded as follows: “In the event, however,…

2Cases cited27 opinions

  1. In Re the Accounting of CraneNew York Court of Appeals · 1900
  2. In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
  3. Purdy v. . HaytNew York Court of Appeals · 1883
  4. Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
  5. In Re the Accounting of WilcoxNew York Court of Appeals · 1909

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3Cited by13 opinions

  1. In re DohertyAppellate Division of the Supreme Court of the State of New York · 1929
  2. Gage v. Irving Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1927
  3. In re the Judicial Settlement of the Account of the Farmers' Loan & Trust Co.New York Surrogate's Court · 1913
  4. 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 · 1914
  5. Payne v. Palisades Interstate Park CommissionAppellate Division of the Supreme Court of the State of New York · 1994

8 more not listed; retrieve them via the Exa API.

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