Metcalfe v. . Union Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1903, in favor of defendant upon the submission of a controversy under the provisions of sections 1279 and 1280 of the Code of Civil Procedure. The following are the material facts, which are set forth in an agreed statement by the parties, upon the submission of their ■ controversy to the Appellate Division, in the first department.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1903, in favor of defendant upon the submission of a controversy under the provisions of sections 1279 and 1280 of the Code of Civil Procedure. The following are the material facts, which are set forth in an agreed statement by the parties, upon the submission of their ■ controversy to the Appellate Division, in the first department. The defendant, the Union Trust Company, holds, as trustee under the will of Francis J. Metcalfe, deceased, and by direction of a decree of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The judgment rendered in the action brought for the construction of the will has settled, as the law of the case, that the trust created for the testator's widow was valid for her life, or until her remarriage, and the only question for our consideration is whether that trust had ceased, as the result of the assignment by the remaindermen of their right to the remainder and of the release by the widow of the interest in the income. When the trust was created, in…
2Cited by34 opinions
- Matter of WentworthNew York Court of Appeals · 1920
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
- Matter of Morse (Bank of America)New York Court of Appeals · 1928
- In Re the Estate of RosenbergNew York Court of Appeals · 1935
- In re the Application for Letters of Administration of the Goods, Chattels & Credits of BilletAppellate Division of the Supreme Court of the State of New York · 1919
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