In Re the Accounting of Wilcox
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1908, which modified and affirmed as modified a decree of the Cattaraugus County Surrogate’s Court settling the accounts of the trustee herein, construing the will of the decedent and directing distribution of his estate in accordance therewith. The facts, so far as material, are stated in the^opinion..
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1908, which modified and affirmed as modified a decree of the Cattaraugus County Surrogate’s Court settling the accounts of the trustee herein, construing the will of the decedent and directing distribution of his estate in accordance therewith. The facts, so far as material, are stated in the^opinion.. The 7th clause of the last will and testament of Bethuel McCoy, deceased, and the codicil thereto dated August 6, 1875, create a which unlawfully suspends the power of…
1Opinion of the Court
Cullen, Ch. J.
Bethuel McCoy died testate in 1874. He left Imr surviving three children, William McCoy, Charles McCoy and Frances D. Wilcox. A daughter, Maria E. Sanders, predeceased him, leaving a husband and two children. This controversy relates to the validity and effect of the seventh clause of his will, which is as follows: “ I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, as follows : * * * and the remaining third thereof to my said executors in trust for the purpose of paying the income thereof to my daughter, Frances D. Wilcox, for…
2Cases cited13 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Schettler v. . SmithNew York Court of Appeals · 1869
- Robert v. . CorningNew York Court of Appeals · 1882
- Clark v. . CammannNew York Court of Appeals · 1899
- Purdy v. . HaytNew York Court of Appeals · 1883
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3Cited by86 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- Matter of TrevorNew York Court of Appeals · 1924
- In re HornidgeNew York Surrogate's Court · 1929
- Bishop v. BishopNew York Court of Appeals · 1931
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