Legal Opinion
Whitman v. Terry
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 1921PublishedCited by 13 opinions
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Merrell, J.:
This is a controversy submitted pursuant to section 1279 of the Code of Civil Procedure. The court is asked by the parties to construe certain provisions of the last will and testament of John T. Terry, deceased, for the purpose of determining the persons entitled to take the corpus and income of the trust created in the 7th article of decedent's will, which article reads as follows:
“ Seventh. I give and bequeath to my sons, Roderick Terry and John T. Terry, Jr., and the survivor of them, one hundred (100) shares of stock of The Mercantile Trust Company (of New York) and one…
2Cases cited5 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- Dougherty v. . ThompsonNew York Court of Appeals · 1901
- Provost v. . ProvostNew York Court of Appeals · 1877
3Cited by13 opinions
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- In re the Estate of MilhauNew York Surrogate's Court · 1934
- In re the Estate of MeyerNew York Surrogate's Court · 1937
- In re the Estate of MontgomeryNew York Surrogate's Court · 1938
- In re the Accounting of ThorneNew York Supreme Court · 1957
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