In re the Judicial Settlement of the Account of Phipard
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles K. Phipard, as executor, etc., and others from parts of a decree of the Surrogate’s Court of the county of New York entered in the office of said Surrogate’s Court on the 19th day of April, 1916, settling the accounts herein.
1Dissent
Clarke, P. J. (dissenting):
This appeal involves the construction of the residuary clause in the last will of Henry Rutherford, who died leaving no lawful issue, no wife, no father, mother, brother or sister. The will disposed of a very considerable estate. The testator’s father, James Rutherford, had two brothers, Robert and William, and one sister, Agnes Rutherford Gray, all of whom predeceased the testator.
These decedents all had children, some of whom also predeceased the testator, though not to his knowledge. Though the testator knew of the existence and family names of some of his…
2Cases cited10 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Prowitt v. . RodmanNew York Court of Appeals · 1867
- Matter of PulisNew York Court of Appeals · 1917
- In Re the Judicial Settlement of the Accounts of PatonNew York Court of Appeals · 1888
- In Re the Judicial Settlement of the Account of TruslowNew York Court of Appeals · 1894
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