Legal Opinion

Staples v. Mead

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

Decided October 18, 1912Published

Appeal from Special Term, Kings County. Action by Frank T. Staples and another, as ancillary executors of John S. Mead, against Sarah Frances Mead and another, executrices and trustees under the will of John J. Studwell. From a portion of an interlocutory judgment, plaintiffs appeal, and from the whole, defendants appeal.

1Opinion of the CourtWoodward, J.

[1] This case turns upon the interpretation to be given to the will of John J. Studwell, deceased, especially the fifth clause thereof, which reads as follows:

“Fifth. I give, devise and bequeath unte my executors, all the rest, residue and remainder of my estate both real and personal to have and to hold the same in trust for the following uses and purposes: To collect the rents, issues, profits and income arising from my estate during the life of my wife Elizabeth L. Studwell and .pay over the same in quarter yearly payments as follows: One-third to my wife for her use, support and…

2Cases cited40 opinions

Rudd v. . CornellNew York Court of Appeals · 1902
Connelly v. . O'BrienNew York Court of Appeals · 1901
Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
Roe v. . VingutNew York Court of Appeals · 1889
Hersee v. . SimpsonNew York Court of Appeals · 1897

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