Thorn v. . De Breteuil
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1903, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1903, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. There is no direction in this will for an accumulation, and the direction to carry on the business, and after deducting certain payments to add the surplus of profits and gains to the working capital, does not under the facts of this case contravene the statute against…
1Opinion of the CourtGray, J.
This action was brought by the plaintiff, as the sole surviving executor and trustee under the will of William T. Garner, deceased, to obtain a judgment, which should finally settle his accounts, discharge him from all further responsibility and permit him to resign his office of trust in favor of a certain trustee named. lie joined as parties defendant the testator’s three daughters, who were his only children, their husbands and their children. By his will the testator, after directing the payment of his debts, liad provided, in the second clause, as follows: “Second. I direct that my execu…
2Cases cited9 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Reich v. . CochranNew York Court of Appeals · 1896
- Willis v. . SharpNew York Court of Appeals · 1889
- Bowditch v. . AyraultNew York Court of Appeals · 1893
- Hascall v. . KingNew York Court of Appeals · 1900
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3Cited by38 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- In re GorraNew York Surrogate's Court · 1929
- In re KohlerAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of McLaughlinNew York Surrogate's Court · 1937
- In Re McGovern's EstateMontana Supreme Court · 1926
33 more not listed; retrieve them via the Exa API.