Close v. Farmers' Loan & Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1907, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1907, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial. This action was brought against the sureties on a bond given under the following circumstances : Anthony J. Allaire, the maternal grandfather of the plaintiff, died on the 13th of May, 1859, leaving a last will and testament dated December 5th, 1857, which was duly admitted to probate by the surrogate of New York county on the 27th of May, 1859. He left three…
1Opinion of the CourtYank, J.
The main questions presented by this appeal spring from the sixth clause of the testator’s will, which for convenience we here repeat: “ Sixth. To my daughter Marie Ema Seward I also give one other equal sixth part of said remaining two-thirds, the same also to be invested by my executors for her benefit in such securities as they may elect, and the interest arising therefrom to be paid to her semiannually, and in the event of the said Marie Ema dying without issue, then the proceeds of said share to be divided among her brothers and sisters share and share alike.”
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2Cases cited9 opinions
- Steinway v. . SteinwayNew York Court of Appeals · 1900
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Mee v. . GordonNew York Court of Appeals · 1907
- In Re Proving the Last Will & Testament of VowersNew York Court of Appeals · 1889
- Lytle v. . BeveridgeNew York Court of Appeals · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- In re the Estate of ThallNew York Court of Appeals · 1966
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- In Re the Will of WinburnNew York Court of Appeals · 1934
- In re the Estate of BarrettNew York Surrogate's Court · 1931
- In re the Estate of BellowsAppellate Division of the Supreme Court of the State of New York · 1984
39 more not listed; retrieve them via the Exa API.