Central Trust Co. v. Falck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Albert Falck and another, as executors, etc., and by Jason Rogers and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1916, upon the report of a referee, with notice of an intention to bring up for review an interlocutory judgment herein entered upon the decision of the court after a trial at the New York Special Term.
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Appeal by the defendants, Albert Falck and another, as executors, etc., and by Jason Rogers and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1916, upon the report of a referee, with notice of an intention to bring up for review an interlocutory judgment herein entered upon the decision of the court after a trial at the New York Special Term. The defendants Albert Falck and another, as executors, do not appeal from that part of the final judgment which directs payment of certain…
1Opinion of the Court
Scott, J.:
Jason Rogers died on August 25, 1868. He left a will, which was duly admitted to probate on September 11, 1868, whereby he undertook to dispose of his property for the benefit of his three children, providing an annuity for his wife. His wife died in 1891, and two-thirds of his estate have been distributed under the terms of his will. The present controversy has to do only with the share of one child, who died in 1913, the other children having predeceased her.
The estate has been the subject of much litigation, and a number of accountings have been had in the Surrogate’s Court and…
2Cases cited15 opinions
- Purdy v. . HaytNew York Court of Appeals · 1883
- Bowditch v. . AyraultNew York Court of Appeals · 1893
- In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Buchanan v. . LittleNew York Court of Appeals · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re TrevorNew York Surrogate's Court · 1922
- Megrue v. MegrueAppellate Division of the Supreme Court of the State of New York · 1931
- Croker v. CrokerNew York Supreme Court · 1921
- In re SchaeferNew York Surrogate's Court · 1920
- In re the Accounting of City National BankNew York Surrogate's Court · 1949
8 more not listed; retrieve them via the Exa API.