Oberndorf v. . Farmers' Loan Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1912, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is the only family of the defendant, William D. Oberndorf.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1912, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is the only family of the defendant, William D. Oberndorf. There is no issue of the marriage, and, even though living separate and apart, the plaintiff wife is, under such circumstances, the only family…
1Opinion of the CourtGray, J.
The plaintiff, as the wife of the beneficiary of a trust created by the will of Julius Oberndorf, deceased, brought this action to obtain a judicial construction of the will and to have it adjudged that the trustees thereunder pay to her annually $1,000 from the income of the trust fund. The following facts have been found and may be regarded as established. The plaintiff was married to the defendant, William D. Oberndorf, in 1893. In 1895, his father, Julius Oberndorf, died and, by his will, gave his residuary estate to trustees. One of the purposes of the testamentary trust was contained in…
2Cases cited1 opinion
- Ireland v. . IrelandNew York Court of Appeals · 1881
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- In re the Estate of LittauerAppellate Division of the Supreme Court of the State of New York · 1954
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