Legal Opinion

Roe v. . Vingut

New York Court of Appeals

Decided November 26, 1889PublishedCited by 92 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 19, 1888, which modified, and affirmed as modified, & judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion.

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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 June 19, 1888, which modified, and affirmed as modified, & judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion. The accumulations •directed hy the sixth article are void, not being for the purposes permitted by the statute, the statute only permits accumulations during the minority of an infant, for the sole benefit of such infant, to be paid over to…

1Opinion of the CourtPeckham, J.

This action was commenced by the plaintiffs, who are the executors of the will of Mrs. Elizabeth F Floyd, deceased, and trustees under its provisions, to obtain a construction of that instrument.

At Special Term the court held that the trust provided for therein was valid, and that it continued until the youngest grandchild named in the will arrived at age, or his death before that event, and until the death of George T. Yingut, and provision was made for the payment of the accumulations spoken of in the will. The General Term affirmed a judgment entered upon this decision with a slight…

2Cases cited1 opinion

  1. Manice v. . ManiceNew York Court of Appeals · 1871

3Cited by92 opinions

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. Matter of GallienNew York Court of Appeals · 1928
  3. In re Will of LarkinNew York Court of Appeals · 1961
  4. Becker v. ChesterWisconsin Supreme Court · 1902
  5. Jacoby v. . JacobyNew York Court of Appeals · 1907

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