Hill v. Guaranty Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alphonse J. Stephani and another, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 24th day of March, 1914, upon the decision of the court after a trial at the, New York Special Term. The judgment construed a will, settled the accounts of the trustees thereunder, and directed the payment to the plaintiff of certain accumulated income.
1Opinion of the Court
McLaughlin, J.:
Action to construe a will, settle the accounts of the trustees thereunder, and recover accumulated income in their hands. The will of the testatrix, Josephine Stephani, created a trust for the benefit of her son, Alphonse J. Stephani, with remainder to her sister, the plaintiff in this action. At the time the will was executed the son was a convict, imprisoned under a life sentence. Shortly after the death of the testatrix, which occurred in 1902, he was transferred to a State asylum for insane convicts, where he has since remained. In the exercise of a discretionary power…
2Cases cited11 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Avery v. . EverettNew York Court of Appeals · 1888
- Craig v. CraigNew York Court of Chancery · 1848
- In re the Final Judicial Settlement of the Accounts of HoytAppellate Division of the Supreme Court of the State of New York · 1906
- Bloodgood v. . LewisNew York Court of Appeals · 1913
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3Cited by19 opinions
- In re the Estate of WalbridgeNew York Surrogate's Court · 1942
- Camp v. Presbyterian Society of Sackets HarborNew York Supreme Court · 1918
- In re the Estate of LittmanNew York Surrogate's Court · 1937
- Crawford v. DexterAppellate Division of the Supreme Court of the State of New York · 1917
- Holmes v. KingSupreme Court of Alabama · 1927
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