Legal Opinion

Fulton Trust Co. v. . Phillips

New York Court of Appeals

Decided July 11, 1916PublishedCited by 108 opinions

Appeal from a judgment of the Appellate Division of thé Supreme Court in the first judicial department, entered December 11, 1914, affirming a judgment of Special Term judicially settling the accounts of a trustee. ánd construing the will of Jane Y. 0. Cooper, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of thé Supreme Court in the first judicial department, entered December 11, 1914, affirming a judgment of Special Term judicially settling the accounts of a trustee. ánd construing the will of Jane Y. 0. Cooper, deceased. The facts, so far as material, are stated in the opinion. The direction to convert the realty into personalty, to reinvest its proceeds and then-to pay over to Elizabeth Newton the net annual income of her share for life, “ and from and after her decease to her children in equal shares until they shall respectively attain the…

1Opinion of the CourtSeabury, J.

This action is brought by the plaintiff as substituted trustee under the will of Jane V. C. Cooper, deceased, for a judicial settlement of its accounts as trustee of a trust-created by the residuary clause of the will for the benefit of Elizabeth Newton and for a construction of the will directing a distribution of the trust estate.

Jane V.' 0. Cooper, the testatrix, died April 4th, 1890. She left her surviving no husband, descendant or father ' or mother, but as. her heirs at law and next of kin, her three sisters, Cornelia Beekman De Peyster, Elizabeth De Peyster and Catherine Augusta De…

2Cases cited9 opinions

  1. Vanderpoel v. . LoewNew York Court of Appeals · 1889
  2. Cammann v. . BaileyNew York Court of Appeals · 1913
  3. Hersee v. . SimpsonNew York Court of Appeals · 1897
  4. Steinway v. . SteinwayNew York Court of Appeals · 1900
  5. Matter of TienkenNew York Court of Appeals · 1892

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3Cited by108 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
  3. In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
  4. Matter of PulisNew York Court of Appeals · 1917
  5. United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920

103 more not listed; retrieve them via the Exa API.

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