In Re the Judicial Settlement of the Accounts of Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a decree of the surrogate of Monroe county, settling the accounts of J. Moreau Smith and Emma Herrick, as executors of the last will and testament of Lewis B. Herrick, deceased. This proceeding involves the construction of certain provisions of the last will and testament of Lewis E. Herrick, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a decree of the surrogate of Monroe county, settling the accounts of J. Moreau Smith and Emma Herrick, as executors of the last will and testament of Lewis B. Herrick, deceased. This proceeding involves the construction of certain provisions of the last will and testament of Lewis E. Herrick, deceased. In September, 1877, Lewis E. Herrick died, leaving surviving him his widow and two daughters and one son, and also six…
1Opinion of the CourtAndrews, J.
We find no basis for the claim that the trust created by the fifth clause of the will terminated at the death of Emma Dude Herrick, the daughter of the testator’s son Richard. It is true that the duration of the trust is not expressly declared. But it was created primarily for .the benefit of the testator’s son Richard, and the inference that it was to continue during his life is plain. The benefit of the daughter was incidental and subordinate to the main purpose of the testator. The income from the trust estate was to be paid to Richard in monthly payments, and it was left to him to apply…
2Cases cited1 opinion
- Tucker v. . BishopNew York Court of Appeals · 1857
3Cited by42 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Rudd v. . CornellNew York Court of Appeals · 1902
- Salter v. . DrowneNew York Court of Appeals · 1912
- Savela v. EricksonSupreme Court of Minnesota · 1917
- In re the Final Judicial Settlement of the Accounts of NorthropAppellate Division of the Supreme Court of the State of New York · 1922
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