Legal Opinion
In re the Estate of Thomas
New York Surrogate's Court
Decided June 8, 1926PublishedCited by 4 opinions
1Opinion of the Court
Foley, S.
This is an accounting proceeding by a trustee in which the court is asked to construe the 8th paragraph of the will of testatrix. The testatrix died on August 22, 1905. At that time her heirs at law and next of kin were her three brothers, Henry, James and Winfield Hewes, and her nephew, Peverill Hewes Smyth, the son of a deceased sister, By the 7th paragraph of her will she gave a fifth of her residuary estate to her brother Henry. The other four-fifths she gave in trust to her trustee during the lives of her brother Winfield and her nephew Peverill, with the direction to pay the…
2Cases cited6 opinions
- Robinson v. . MartinNew York Court of Appeals · 1910
- In Re the Will of BumpNew York Court of Appeals · 1922
- Matter of TienkenNew York Court of Appeals · 1892
- United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
- United States Trust Company of New York v. . TaylorNew York Court of Appeals · 1922
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3Cited by4 opinions
- In re the Probate of the Will of WilsonAppellate Division of the Supreme Court of the State of New York · 1945
- In re the Estate of SlavensNew York Surrogate's Court · 1956
- In re the Estate of WilsonNew York Surrogate's Court · 1944
- In re the Estate of NewhouseNew York Surrogate's Court · 1960