In Re the Estate of Cole
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 2, 1916, which reversed an order of the Queens County Surrogate’s Court denying an application by the respondent herein for an order directing the Union Trust Company, as executor of the last will and testament of William W. Cole, to pay to said respondent the sum of $10,000, the amount directed in said last will and testament to be applied for the purchase…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 2, 1916, which reversed an order of the Queens County Surrogate’s Court denying an application by the respondent herein for an order directing the Union Trust Company, as executor of the last will and testament of William W. Cole, to pay to said respondent the sum of $10,000, the amount directed in said last will and testament to be applied for the purchase of an annuity for the said Clarissa Spráke, instead of purchasing for her the said annuity. The facts, so far as…
1Opinion of the CourtCuddeback, J.
The will of the testator contained the following provision:
“ VI. I direct my Executor to purchase within one year after my death of some Life Insurance Company or other Company sound financially doing business in Great Britain of said Executor’s selection an annuity payable quarterly to each of the following named individuals, said annuity shall be such sum as the amount specified in each case shall procure. There shall be expended for each one of said annuities as follows:
“ 4. The same sum of Ten Thousand Dollars shall he expended in each case for an annuity as above provided for each one of…
2Cases cited2 opinions
- Parker v. CobeMassachusetts Supreme Judicial Court · 1911
- Reid v. BrownNew York Supreme Court · 1907
3Cited by21 opinions
- In Re the Construction of the Will of MaybaumNew York Court of Appeals · 1947
- Morgenthaler v. First Atlantic National BankSupreme Court of Florida · 1955
- In re the Estate of BrowningNew York Surrogate's Court · 1938
- Gilbert v. Findlay CollegeCourt of Appeals of Maryland · 1950
- In re the Estate of FosterNew York Surrogate's Court · 1940
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