Legal Opinion

In Re the Accounting of Osborne

New York Court of Appeals

Decided December 3, 1913PublishedCited by 177 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 15, 1912, which affirmed a decree of the Kings County Surrogate’s Court directing the executor and trustee under the will of Eugene La Grove, deceased, to distribute a certain stock dividend to the life tenant named in said will. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 15, 1912, which affirmed a decree of the Kings County Surrogate’s Court directing the executor and trustee under the will of Eugene La Grove, deceased, to distribute a certain stock dividend to the life tenant named in said will. The facts, so far as material, are stated in the opinion. Upon the facts in the case at bar, the rules of law applicable to cases wherein the language of the will is broad enough to include all stock dividends, and cases of ordinary or even…

1Opinion of the CourtChase, J.

Eugene La Grove died a resident of this state October 4, 1908, leaving a will which was duly probated and by the fourth paragraph of which a trust was created as "follows:

“ All the rest, residue and remainder of my property and estate, real, personal and mixed of every description and wheresoever situated of which I may die seized or possessed * * * I give, devise, and bequeath to my executor and trustee hereinafter named in trust, to hold said property and estate and invest and reinvest the same and to collect the rents, issues, income and profits therefrom, and to pay the net rents, issues,…

2Cases cited12 opinions

  1. Minot v. PaineMassachusetts Supreme Judicial Court · 1868
  2. McLouth v. . HuntNew York Court of Appeals · 1897
  3. Robertson v. . De BrulatourNew York Court of Appeals · 1907
  4. In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
  5. In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897

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

3Cited by177 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
  3. In re the Accounting of HubbellNew York Court of Appeals · 1951
  4. Nirdlinger's EstateSupreme Court of Pennsylvania · 1927
  5. United States Trust Co. v. . HeyeNew York Court of Appeals · 1918

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