Jewett v. Schmidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Melinda P. Schmidt, a daughter of G-eorge Parbury Pollen, deceased, and another, individually and as administrators with the will annexed of George Parbury Pollen, deceased, from portions of an interlocutory judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 24th day of December, 1902, upon the decision of the court, rendered after a trial at the…
Read the full summary
Appeal by the defendants, Melinda P. Schmidt, a daughter of G-eorge Parbury Pollen, deceased, and another, individually and as administrators with the will annexed of George Parbury Pollen, deceased, from portions of an interlocutory judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 24th day of December, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, appointing a trustee of a trust fund and directing an accounting. In August, 1877, George P.…
1Opinion of the Court
McLaughlin, J.:
The appellants insist that the judgment appealed from is erroneous and should be reversed, principally upon the ground that *280under the will of George P. Pollen a trust was not created and that was determined in the action brought to construe the will, which judgment is binding upon the parties to this action. Whether or not a trust was created necessarily depends upon the construction to be given to the will and codicil when read and construed together. It will be observed that there is no express devise to the executors in trust nor are the executors described as trustees, but…
2Cases cited5 opinions
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- Matter of DeweyNew York Court of Appeals · 1897
- In re the Judicial Settlement of the Account of Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Horsfield v. BlackAppellate Division of the Supreme Court of the State of New York · 1899
- In re Schneider's EstateNew York Supreme Court · 1893
3Cited by10 opinions
- Matter of KohlerNew York Court of Appeals · 1921
- MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
- Matter of RunkNew York Court of Appeals · 1911
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- In re the Estate of SurplessNew York Surrogate's Court · 1932
5 more not listed; retrieve them via the Exa API.