In Re the Accounting of Brann
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 3, 1916, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the executor of Alice V. Leavitt, deceased, and directing distribution of her estate. The facts, so far as material, are stated in the opinion. Unquestionably the distribution in December, 1911, was an extraordinary dividend and was not a distribution of capital.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 3, 1916, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the executor of Alice V. Leavitt, deceased, and directing distribution of her estate. The facts, so far as material, are stated in the opinion. Unquestionably the distribution in December, 1911, was an extraordinary dividend and was not a distribution of capital. (People ex rel. McClure Publications v. Purdy, 161 App. Div. 541.) The extraordinary cash dividend having been declared…
1Opinion of the CourtCardozo, J.
The determination of this appeal requires us to construe the will and codicil of Alice V. Leavitt. The will was made in 1908. It gave to a friend, Mrs. Boy Johnston, a legacy of jewelry. It then created a trust for the annual payment of $600 to a brother for life, with remainder to charities. The subject of this trust is described by the testatrix as “ the 30 shares of stock of the Standard Oil Oo. owned by me.” These shares then constituted the bulk of her estate. All the rest, residue and remainder of the estate “including any legacy which may lapse or be void,” she gave to her friend, Mrs.…
2Cases cited5 opinions
- Ametrano v. . DownsNew York Court of Appeals · 1902
- In re the Probate of the Last Will & Testament of DelaneyAppellate Division of the Supreme Court of the State of New York · 1909
- In Re of Proving the Last Will & Testament of CampbellNew York Court of Appeals · 1902
- Brundage v. . BrundageNew York Court of Appeals · 1875
- Equitable Life Assurance Society of United States v. Union Pacific RailroadNew York Court of Appeals · 1914
3Cited by94 opinions
- United States Trust Co. v. . HeyeNew York Court of Appeals · 1918
- In Re the Estate of GreenbergNew York Court of Appeals · 1933
- In Re the Accounting of National Bank & Trust Co.New York Court of Appeals · 1931
- YIVO Institute for Jewish Research v. ZaleskiCourt of Appeals of Maryland · 2005
- In Re Bierstedt's EstateSupreme Court of Iowa · 1963
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