In Re the Accounting of Van Alstyne
New York Court of Appeals
Appeal from that part of an order of the Appellate Division of the Supreme Court in the thud judicial department, entered December 5, 1911, which reversed so much of a decree of the Albany County Surrogate’s Court as surcharged the account of Laura L. Van Alstyne, as executrix of Thomas J. Van Alstyne, deceased. The facts, so far as material, are stated in the opinion. Neither payment nor gift was made of the notes and trust deeds.
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Appeal from that part of an order of the Appellate Division of the Supreme Court in the thud judicial department, entered December 5, 1911, which reversed so much of a decree of the Albany County Surrogate’s Court as surcharged the account of Laura L. Van Alstyne, as executrix of Thomas J. Van Alstyne, deceased. The facts, so far as material, are stated in the opinion. Neither payment nor gift was made of the notes and trust deeds. Testator took them as purchaser and retained ownership of them as obligations of Mrs. Van Alstyne. (Hamlin v. Hamlin, 192 N. Y. 171; Thornton on Gifts, 121.) A…
1Opinion of the CourtChase, J.
The testator died October 26, 1903, leaving him surviving Laura L: Van Alstyne, his widow, hereinafter referred to as the respondent, Thomas Butler Van Alstyne, the appellant, a son by a former marriage, and William T. Van Alstyne, a son by the marriage with the respondent. By his will the testator gave to William T. Van Alstyne $15,000, and in the paragraph making the gift preceded the statement thereof by a recital as follows: “ Having made advances or given my son, Thomas Butler Van Alstyne, since his marriage and since he left my home, sums of money exceeding in all more than $14,000. I…
2Cases cited10 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Ridden v. . ThrallNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Gannon v. . McGuireNew York Court of Appeals · 1899
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3Cited by134 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Gruen v. GruenNew York Court of Appeals · 1986
- Vincent v. RixNew York Court of Appeals · 1928
- In re the Estate of SzaboNew York Court of Appeals · 1961
- State Ex Rel. O'Connell v. Port of SeattleWashington Supreme Court · 1965
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