Roosa v. . Harrington
New York Court of Appeals
Appeal from a final judgment, entered October 12, 1901, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which affirmed an interlocutory judgment of Special Term construing the will of Latham Cornell, deceased. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a final judgment, entered October 12, 1901, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which affirmed an interlocutory judgment of Special Term construing the will of Latham Cornell, deceased. The facts, so far as material, are stated in the opinion. By the will and codicil there has been an equitable conversion into personalty of the third of the real estate given by the terms of the will to Charles W. Cornell absolutely, but by the codicil executed later on the same day changed to a legacy in trust for his benefit. (Salisbury…
1Opinion of the CourtGray, J.
This appeal involves the construction of the will of Latham Cornell, deceased, in so far as the ultimate disposition of a share of his residuary estate is concerned. The will is short. By its first clause, he appoints his son and a grandson executors, with power of sale. By the second clause, he gives his wife $20,000, in lieu of dower right in the estate. By the third clause, he gives to his executors, in trust, the sum of $15,000, which they are to invest for his grandson, Latham Cornell Strong, until he shall arrive at the age of 35 years, paying to him meanwhile the income, and “then to…
2Cases cited5 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Matter of TienkenNew York Court of Appeals · 1892
- In re Judicial Settlement of the Accounts of EmbreeAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by41 opinions
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- Cammann v. . BaileyNew York Court of Appeals · 1913
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- In re the Construction of the Last Will & Testament of BriggsAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of CurleyNew York Surrogate's Court · 1936
36 more not listed; retrieve them via the Exa API.