Smith v. Floyd
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alice L. S. Smith and another, from part of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of Novemx her, 1907, upon the decision of the court rendered after a trial at the New York Special Term in an action for the construction of a will.
1Opinion of the Court
Scott,' J.:
The only question involved in this appeal is whether or not the plaintiff Van Norden Trust Company, as substituted trustee under the will of Sarah W. F. Smith, can exercise the discretionary power vested by the will in the trustees named therein,'to apply a portion of the capital of the trust fund to the use of the plaintiff Alice L. S. Smith. It appeared to the court below, and appears- to us, that the circumstances of the case are such that -it would be a wise exercise of discretion to so apply a portion of the principal of the estate, if any discretion so to do has passed to the…
2Cases cited5 opinions
- Rogers v. . RogersNew York Court of Appeals · 1888
- Hull v. . HullNew York Court of Appeals · 1862
- Lahey v. . KortrightNew York Court of Appeals · 1892
- Haendle v. StewartAppellate Division of the Supreme Court of the State of New York · 1903
- Smith v. FloydNew York Supreme Court · 1907
3Cited by11 opinions
- In re WhiteNew York Surrogate's Court · 1929
- In re DonlinAppellate Division of the Supreme Court of the State of New York · 1917
- Jacobs v. Wilmington Trust Co.Supreme Court of Delaware · 1911
- Forman v. YoungAppellate Division of the Supreme Court of the State of New York · 1915
- Jones v. DodgeNew York Supreme Court · 1910
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