In re Moke
New York Surrogate's Court
This was a proceeding for the final accounting of the executors, &c., of George Lewis Augustus Moke, deceased. Upon objection to the form of the decree in this case, the question was submitted, whether by the terms of the will, the widow, denominated executrix in the tenth clause, appointing her, was also made trustee under the will.
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This was a proceeding for the final accounting of the executors, &c., of George Lewis Augustus Moke, deceased. Upon objection to the form of the decree in this case, the question was submitted, whether by the terms of the will, the widow, denominated executrix in the tenth clause, appointing her, was also made trustee under the will. By the fourth clause of the will, the testator bequeathed to his executors thereinafter named, $150,000, in trust, to apply the income to the use of his wife during her life, and on her decease, to become part of his residuary estate. By the sixth clause, he…
1Opinion of the Court
The Surrogate.
The special guardian objected to the proposed decree, on the ground that it recognized the widow as trustee and testamentary guardian under the will, and directed the assets to be transferred to her, as well as to the executors who qualified as such. The latter are conceded to have been duly appointed by the will as trustees, and the special guardian claims that by the scheme of the will, it is deducible that by the use of the word “ executor,” and their appointment as trustees, *431and guardians, the testator intended to exclude the executrix from such trusteeship, and guardianship…
2Cases cited5 opinions
- Ridgeley v. JohnsonNew York Supreme Court · 1851
- Wetmore v. . TruslowNew York Court of Appeals · 1873
- Craig v. HoneNew York Court of Chancery · 1835
- Van Rensselaer v. AkinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Magoffen v. PattonNew York Court of Chancery · 1837