Central Trust Co. v. Dewey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Selina Lucille Dewey, individually and as executrix, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of New York on the 2d day of May, 1916, upon the decision of the court after a trial at the New York Special Term, except such parts as settle the account of the plaintiff, direct payment of its commissions and grant costs and allowances.
1Opinion of the Court
Davis, J.:
The action was brought by the Central Trust Company of New York, as trustee under the last will and testament of Mary Eliza Dewey, deceased, for the construction of the will and to settle and adjust its accounts as such trustee and to adjust and determine the rights of the various defendants in the balance of the trust fund remaining in the possession of the trustee.
The testatrix died on March 25, 1888, leaving a last will and testament dated March 31, 1886, which was admitted to probate in the county of New York.
Among other things the will provides that certain securities specified…
2Cases cited4 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Farmers' Loan Trust Co. v. . MortimerNew York Court of Appeals · 1916
- Dewitt v. . BrisbaneNew York Court of Appeals · 1858
- Wyeth v. . BraniffNew York Court of Appeals · 1881
3Cited by2 opinions
- In re the Estate of RogersNew York Surrogate's Court · 1938
- In re the Estate of CarrollNew York Surrogate's Court · 1934