Mills v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 29, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. * The nature of the action and the facts, so far as material, are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 29, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. * The nature of the action and the facts, so far as material, are set forth in the opinion. The plaintiff is an infant legatee, and special cestui gue trust, and one, therefore, interested in the estate, and as such was a necessary party to all the proceedings in the Surrogate’s Court, and entitled to all notices thereof, and the decree of the…
1Opinion of the CourtGray, J.
William Wickham Mills, by his will, gave to his executors the sum of $20,000, in trust “ to loan the same on bond and mortgage upon real estate and to apply the net income thereof, at their discretion, to and for the use of his son, Theodore Mills, during his natural life, and, upon his. decease, to divide, etc., etc., among the children of said Theodore, etc.” Testator died in January, I860. The plaintiff, the sole surviving child of testator’s son, Theodore, was horn in November, 1865. The will was admitted to probate in January, 1865, and letters testamentary ivere issued to the persons…
2Cited by14 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Buffalo Loan, Trust & Safe Deposit Co. v. LeonardNew York Court of Appeals · 1897
- Gilbert v. . TaylorNew York Court of Appeals · 1896
- Blair v. CargillAppellate Division of the Supreme Court of the State of New York · 1906
- Nashville & American Trust Co. v. BaxterTennessee Supreme Court · 1937
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