Furniss v. . Cruikshank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1920, which modified and affirmed as modified a judgment entered upon the report of a referee stating and settling the accounts of the executrices of Sophia R. C. Furniss, who was surviving trustee under the will of William P. Furniss of a trust created for the benefit of Margaret E. Zimmerman. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtAndrews, J.
This is the not unusual dispute between those entitled to the principal and those entitled to the income of a trust estate. One William P. Furniss died in 1871. By his will he created a trust fund for the benefit of his daughter, Margaret E. Zimmerman, now deceased without issue. After her death, there was no disposition of the principal. It goes, therefore, to the heirs or next of kin of Mr. Furniss. Any income to which Mrs. Zimmerman was entitled goes to strangers, legatees under her will. Representing them, her executors are appellants here. On their behalf three claims are presented. 1.…
2Cases cited6 opinions
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Edwards v. EdwardsMassachusetts Supreme Judicial Court · 1903
- Spencer v. . SpencerNew York Court of Appeals · 1916
- In Re the Accounting of StevensNew York Court of Appeals · 1907
- Jordan v. JordanMassachusetts Supreme Judicial Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- In Re the Will of ChapalNew York Court of Appeals · 1936
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1932
- In Re the Accounting of RowlandNew York Court of Appeals · 1937
- In Re LeuppNew Jersey Court of Chancery · 1931
- In Re the Accounting of National City BankNew York Court of Appeals · 1941
42 more not listed; retrieve them via the Exa API.