Legal Opinion

United States Trust Co. v. Terry

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1915PublishedCited by 3 opinions

Appeals by the defendants, Marshall 0. Terry and another, as executors, etc., and others, from, parts of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 8 th day of July, 1914, upon the decision of the court after a trial at the Westchester Special Term. The judgment construed the will of Ambrose M. McGregor, deceased, and the various appellants appeal from different parts thereof.

1Opinion of the Court

Stapleton, J.:

The object of the plaintiff’s action is a judicial construction of the will of Ambrose M. McGregor, deceased, in relation to clauses as to the meaning of which plaintiff professes to be in doubt. The plaintiff is a trustee of a trust created by the will. The defendants are the trustees of a similar trust; the execu*154tors named in the will of the testator’s widow, now deceased; the executor of the will of the testator’s son, now deceased; adult and infant collateral relatives of the deceased, who are legatees; and certain other persons, in whom we are not interested in the…

2Cases cited5 opinions

  1. Cammann v. . BaileyNew York Court of Appeals · 1913
  2. Delaney v. . McCormackNew York Court of Appeals · 1882
  3. Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
  4. Schmidt v. . JewettNew York Court of Appeals · 1909
  5. Brown v. RichterAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
  2. In re the Estate of WatsonNew York Surrogate's Court · 1932
  3. United States Trust Co. v. TerryAppellate Division of the Supreme Court of the State of New York · 1915

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