In re Proving the Last Will & Testament of Bergdorf
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, the Guaranty Trust Company of Hew York, from an order of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 26th day of April, 1911, denying the appellant’s petition for letters testamentary as one of the executors of the last will and testament of Herman Bergdorf, deceased.
1Opinion of the Court
Laughlin, J.:
The will was made on the 2d day of November, 1904, and by the 7th clause thereof the testator nominated and appointed as executors of the will and trustees of the trusts therein created, two individuals, one of whom he referred to as “ my friend, ” and the Morton Trust Company, and after these designations the sentence ended as follows: “ all of the city of New York, in the State of New York, and the survivors and successors of them. ” The Morton Trust Company was duly merged into the Guaranty Trust Company of New York, the appellant, pursuant to the provisions of sections 36 to…
2Cases cited2 opinions
- Railroad Co. v. GeorgiaSupreme Court of the United States · 1879
- People ex rel. New York Phonograph Co. v. RiceNew York Supreme Court · 1890
3Cited by6 opinions
- COMMISSIONER OF INT. REVENUE v. Oswego Falls Corp.Court of Appeals for the Second Circuit · 1934
- Citizens Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1930
- Swedish Iron & Steel Corp. v. EdwardsDistrict Court, S.D. New York · 1932
- American Guarantee & Liability Insurance v. Public National Bank & Trust Co.City of New York Municipal Court · 1958
- W. H. McElwain Co. v. PrimaveraAppellate Division of the Supreme Court of the State of New York · 1917
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