In re the Judicial Settlement of the Account of Proceedings of Stewart
Appellate Division of the Supreme Court of the State of New York
Appeal by John -B. Trevor from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 30th day of October, 1897, as adjudges that the authority as to investments conferred upon the trustees in the 10th article of the will of John B. Trevor, deceased, extends to the accumulations of income held for the benefit of John B. Trevor, Jr., and from so much of said decree as finally and judicially settles and allows the…
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Appeal by John -B. Trevor from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 30th day of October, 1897, as adjudges that the authority as to investments conferred upon the trustees in the 10th article of the will of John B. Trevor, deceased, extends to the accumulations of income held for the benefit of John B. Trevor, Jr., and from so much of said decree as finally and judicially settles and allows the accounts of said trustees as filed and adjusted, and as authorizes the said trustees to retain and hold the securities…
1Opinion of the Court
Hatch, J.:
The will of the deceased directed that one-third of his estate be set apart and held in trust for the benefit of his wife during her life. The remainder of his estate he devised and bequeathed to trustees, with direction that the same be divided into four equal parts, to represent each of his living children, respectively. By the terms of the 7th clause of the will the trustees were “to hold and invest each share and apply the income therefrom as it shall be received "x" * * or so much thereof as shall be necessary to the support, maintenance and education of the child whom it…
2Cases cited4 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Smith v. . ParsonsNew York Court of Appeals · 1895
- Denike v. . HarrisNew York Court of Appeals · 1881
- United States Trust Co. v. BlackNew York Court of Appeals · 1895
3Cited by4 opinions
- Gould v. GouldNew York Supreme Court · 1925
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- In re the Estate of IrwinNew York Surrogate's Court · 1908
- In re the Will of GordonNew York Surrogate's Court · 1943