Legal Opinion

Mount v. Mount

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 1921PublishedCited by 3 opinions

Appeal by the plaintiff, Elizabeth Mount, and by the defendants, Clarence M. Davis and others, from parts of an interlocutory judgment, entered in the office of the clerk of the county of New York on the 7th day of December, 1920, on the decision of the court, rendered after a trial at the New York Special Term.

1Opinion of the Court

Smith, J.:

Charlotte A. Mount died in 1904 at the age of eighty years. She was never married. The trust provisions of the will in question are found in paragraphs 7 and 9 of the will and are as follows:

“ Seventh. I give and devise to my executors the lot and building thereon known as No. 239 West Fourteenth Street in the City of New York, which they shall hold as trustees upon the following trust, viz: to collect and receive the rents thereof and, after paying therefrom taxes, insurance, repairs and charges of agency, to pay the net amount of such rents to Charlotte M. Rowley, during the…

2Cases cited3 opinions

In Re Proving the Will of MountNew York Court of Appeals · 1906
In Re the Accounting of WilcoxNew York Court of Appeals · 1909
Mount v. MountNew York Supreme Court · 1919

3Cited by3 opinions

In re TrevorNew York Surrogate's Court · 1922
Schmidlapp v. CommissionerUnited States Board of Tax Appeals · 1941
In re the Accounting of Irving Trust Co.Appellate Division of the Supreme Court of the State of New York · 1950