N.Y. Life Ins. T. Co. v. . Cary
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1907, which modified and affirmed as modified a judgment of Special Term construing the will of Jabez A. Bostwick and certain trust deeds executed by him. The facts, so far as material, are stated in the opinion.. The trust deeds and the will cannot be read together. They are distinct and separate instruments.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1907, which modified and affirmed as modified a judgment of Special Term construing the will of Jabez A. Bostwick and certain trust deeds executed by him. The facts, so far as material, are stated in the opinion.. The trust deeds and the will cannot be read together. They are distinct and separate instruments. The residuary trusts created by the will are all valid dispositions of .the testator’s reversions in the funds covered by the trust deeds. (L. 1896, ch. 547,…
1Opinion of the CourtWillard Bartlett, J.
This suit was brought by the Hew York Life Insurance and Trust Company, as trustee, under an instrument executed by the late Jabez A. Bostwick, and as trustee under his will, to obtain a judgment settling its accounts as such trustee, and determining the manner in which the assets of the trust estate should be distributed.
The trust instrument (which, following the example of counsel, I shall call a trust deed, although it relates solely to personal property) was executed and delivered by Mr. Bostwick on January 13, 1892. It assigned to the Hew York Life Insurance and Trust Company one…
2Cases cited3 opinions
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- In Re the Transfer Tax Upon Certain Trusts Made by BostwickNew York Court of Appeals · 1899
- McCurdy v. . New York Life Insurance and Trust CompanyNew York Court of Appeals · 1897
3Cited by11 opinions
- Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
- Guaranty Trust Co. v. New York Trust Co.New York Court of Appeals · 1947
- New York Trust Co. v. Nieta E. WeaverNew York Court of Appeals · 1948
- Morgan v. KeyesNew York Court of Appeals · 1951
- In re the Appraisal of the Estate of ColeAppellate Division of the Supreme Court of the State of New York · 1922
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