Spencer v. Spencer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah Griswold Spencer, from so much of a judgment of the Supreme Court in favor- of the plaintiffs and certain of the defendants, entered in the office • of the clerk of the county of New York on the 14th day of July, 1898, upon the report of a referee,, as provides: “And it is further adjudged that the question of construction of the will of said Lorillard Spencer, deceased, presented by the complaint herein, as to whether it is right and proper…
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Appeal by the defendant, Sarah Griswold Spencer, from so much of a judgment of the Supreme Court in favor- of the plaintiffs and certain of the defendants, entered in the office • of the clerk of the county of New York on the 14th day of July, 1898, upon the report of a referee,, as provides: “And it is further adjudged that the question of construction of the will of said Lorillard Spencer, deceased, presented by the complaint herein, as to whether it is right and proper for the plaintiffs to retain any portion, and if so, what'portion of the net income of the trust estate held by them under…
1Opinion of the Court
Cullen, J. :
This action was brought by the trustees under the will of Lorillard Spencer, deceased, for a construction of certain parts of said will and for an accounting. The-only questions raised on this appeal are the rights of Sarah G. Spencer, the widow of the testator, under the trust created in her favor, and the claim of J. Frederic Kernochan, as administrator of James P. Kernoehan, a deceased trustee under the willj to commissions. •
The trust in favor of Mrs. Spencer was created -by the following •clause of the will: “Second. If my beloved wife, Sarah Griswold Spencer, survives me, I…
2Cases cited6 opinions
- Phelps' v. . PondNew York Court of Appeals · 1861
- Pierrepont v. . EdwardsNew York Court of Appeals · 1862
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Hancox v. . MeekerNew York Court of Appeals · 1884
- In Re the Judicial Settlement of the Accounts of ChaunceyNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- In re FlanaganNew York Surrogate's Court · 1929
- In re the Judicial Settlement of the Intermediate Account of HaightAppellate Division of the Supreme Court of the State of New York · 1900
- In re ErbNew York Surrogate's Court · 1929
- In re KohlerNew York Surrogate's Court · 1916
33 more not listed; retrieve them via the Exa API.