Legal Opinion

In Re the Accounting of First Trust & Deposit Co.

New York Court of Appeals

Decided January 14, 1943PublishedCited by 12 opinions

1Opinion of the Court

Lehman, Ch. J.

The testatrix left her surviving a daughter and a son. She provided in the Fifth paragraph of her will that her residuary estate should be divided into two parts “ one of which parts shall exceed the other by the sum of Five Thousand ($5000.00) Dollars.” The larger of such parts the testatrix bequeathed to her daughter. The smaller of such parts the testatrix bequeathed to the executor and trustee named in her will in trust “ To receive, hold, manage, invest and reinvest the same, and to collect, recover, and receive the interest, income, and profits therefrom, and after…

2Cases cited8 opinions

  1. Cochrane v. . SchellNew York Court of Appeals · 1894
  2. Morris v. . SicklyNew York Court of Appeals · 1892
  3. McCarthy v. PieretNew York Court of Appeals · 1939
  4. In Re the Probate of the Will of TrumbleNew York Court of Appeals · 1910
  5. Wells v. SquiresAppellate Division of the Supreme Court of the State of New York · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re the Estate of RyanNew York Court of Appeals · 1945
  2. In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
  3. In re the Estate of CaswellNew York Surrogate's Court · 1944
  4. Thomson v. RubensteinAppellate Division of the Supreme Court of the State of New York · 2006
  5. In re the Will of HartNew York Surrogate's Court · 1945

7 more not listed; retrieve them via the Exa API.

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