Bloodgood v. . Lewis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of' the Supreme Court. in the first judicial department, entered July 19, 1912, which affirmed a final judgment of Special Term in an action to procure a settlement of the accounts of the executors and trustees under the will of Thomas Lewis, deceased, and to obtain a judicial construction of certain provisions thereof, bringing up for review a prior order of the said Appellate Division, entered July IS, 1911, reversing an…
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Appeal from a judgment of the Appellate Division of' the Supreme Court. in the first judicial department, entered July 19, 1912, which affirmed a final judgment of Special Term in an action to procure a settlement of the accounts of the executors and trustees under the will of Thomas Lewis, deceased, and to obtain a judicial construction of certain provisions thereof, bringing up for review a prior order of the said Appellate Division, entered July IS, 1911, reversing an interlocutory judgment of Special Term. The facts, so far as material, are stated in the opinion. The will and codicil gave…
1Opinion of the CourtCollin, J.
The ultimate question presented to us for determination is: Did the will of Thomas Lewis give his daughter, Mary E. Lewis, the one-quarter part of the income of a trust fund created under it, or did it give her a mere right to have so much of the one-quarter as might he required for her support and comfort paid to her sister Bosetta to be so applied. The question springs from the fact that the trustees under the will had at the death of Mary E. Lewis a large sum which they accumulated from the one-quarter part during her life, through paying to Bosetta "for her benefit less than the whole.…
2Cases cited9 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Crozier v. . BrayNew York Court of Appeals · 1890
- Austin v. . OakesNew York Court of Appeals · 1890
- Redfield v. . RedfieldNew York Court of Appeals · 1891
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3Cited by34 opinions
- Morris v. MorrisNew York Court of Appeals · 1936
- Hill v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of LittmanNew York Surrogate's Court · 1937
- Carpenter v. SmithSupreme Court of Rhode Island · 1952
- Crawford v. DexterAppellate Division of the Supreme Court of the State of New York · 1917
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