Stringer v. . Young
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 9,1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee. Gecyge Bell died in 1879, leaving a large estate, in realty and in personalty, which he disposed of by a will.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 9,1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee. Gecyge Bell died in 1879, leaving a large estate, in realty and in personalty, which he disposed of by a will. After making a number of bequests, he gave all of 1ns residuary estate, real and personal, to his executors, in trust, “ to apply and divide the net income of said trust property to and among my nephews and niece, George Barker, Charles Barker and Mary…
1Opinion of the CourtGray, J.
I think it is plain that the interests of the testator’s nephews and niece in his residuary estate vested in them at the time of his death. By the express terms of his will, in case of the death of his daughter, leaving no lawful issue her surviving, he gave, devised and bequeathed to each one-third of his residuary estate. The duration of the trust, which he created, was measured by the life of his daughter and, upon its termination, with no intervening marriage and birth of children, the gifts of the estate are made in 'absolute terms. The conditions of the test as to the vesting of a…
2Cases cited7 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Lent v. . HowardNew York Court of Appeals · 1882
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Downing v. . MarshallNew York Court of Appeals · 1861
- Crooke v. . County of KingsNew York Court of Appeals · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Senior v. BradenSupreme Court of the United States · 1935
- Brown v. FletcherSupreme Court of the United States · 1915
- Bergmann v. . LordNew York Court of Appeals · 1909
49 more not listed; retrieve them via the Exa API.