In Re the Accounting of the Farmers' Loan & Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1914, reversing so much of a decree of the New York County Surrogate’s Court as construed the fifth clause of the will of Valentine Mott, deceased. The facts, so far as material, are stated in the opinion. The primary legal significance of the word “issue” is descendants of whatever degree of descent.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1914, reversing so much of a decree of the New York County Surrogate’s Court as construed the fifth clause of the will of Valentine Mott, deceased. The facts, so far as material, are stated in the opinion. The primary legal significance of the word “issue” is descendants of whatever degree of descent. (Seitz v. Faversham, 205 N. Y. 197; Schmidt v. Jewett, 195 N. Y. 486; Matter of Bauerdorf, 77 Misc. Rep. 656; Drake v. Drake, 134 N. Y. 220; Soper v. Brown, 136 N. Y. 244; Ross…
1Opinion of the CourtCardozo, J.
This case involves the construction of the will of Valentine Mott. He died in 1865, leaving a will and codicil. He gave his residuary estate to his wife for fife. On her death he directed that the estate be sold and divided. We are concerned at this time with the distribution of the ninth part which he directed should be held in trust for his granddaughter, Fanny Mott. In the fourth subdivision of his will he said: “I give, devise and bequeath one-ninth part of the proceeds of such sale to each of my surviving children, and one-ninth part of such proceeds to Isaac Bell, Jr., in trust for…
2Cases cited12 opinions
- Soper v. . BrownNew York Court of Appeals · 1892
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Jackson v. JacksonMassachusetts Supreme Judicial Court · 1891
- Matter of Estate of BrownNew York Court of Appeals · 1883
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3Cited by105 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- Petry v. PetryAppellate Division of the Supreme Court of the State of New York · 1919
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1921
- In re the Estate of LeonardNew York Surrogate's Court · 1932
100 more not listed; retrieve them via the Exa API.