In re the Estate of Thompson
New York Surrogate's Court
Proceedings upon the accounting of an executor relating to the validity of an assignment of a legacy.
1Opinion of the Court
Foley, S.
The question arising on this accounting is the validity of an assignment made by David Gardiner and his sister Sarah T. Gardiner of a legacy of $100,000. By the first paragraph of his will, the testator bequeathed that amount to his sister, Sarah T. Gardiner (the mother of the assignors), provided she should survive him, but if she should not survive him, he directed that this legacy be divided equally among her children living at the time of his death. The sister Sarah died prior to the testator and at the time of the latter’s death, her children, David and Sarah, alone survived,…
2Cases cited10 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Brown v. . SpohrNew York Court of Appeals · 1904
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Pickslay v. . StarrNew York Court of Appeals · 1896
- Butler v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1921
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3Cited by3 opinions
- Chase Nat. Bank of New York v. SaylesCourt of Appeals for the First Circuit · 1926
- Chase Nat. Bank of City of New York v. SaylesDistrict Court, D. Rhode Island · 1925
- Globe Indemnity Co. v. Puget Sound Co.Court of Appeals for the Second Circuit · 1945