Legal Opinion
In re Brooklyn Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 1921PublishedCited by 5 opinions
Appeal by Emma Knight Powers from a decree pf the Surrogat’s Court of the county of Kings, entered in the office of said surrogate on the 24th day of September, 1920, so far as the same adjudged that Henry Lambert Knight is entitled to and shall receive one-third of the trust fund created by the 6th clause of the said will.
1Opinion of the Court
Mills, J.:
|_ The question involved is that of the true construction of a certain clause in the 6th provision of the will, which was made July 7, 1880. The testator died September 13, 1883, and the will was duly probated October 8, 1883. That provision reads as follows:
“ Sixth. I give devise and bequeath to my executors hereinafter named one undivided fourth part of the remainder of all my estate of every kind in trust to collect the rents, incomes and profits and to pay over the same to my wife, Mary Ann Knight during the term of her natural life and on her death I give devise and bequeath…
2Cases cited2 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Soper v. . BrownNew York Court of Appeals · 1892
3Cited by5 opinions
- In re the Estate of MontgomeryNew York Surrogate's Court · 1938
- In re the Estate of BakerNew York Surrogate's Court · 1933
- In re the Estate of TrottNew York Surrogate's Court · 1930
- In re the Estate of Van NostrandNew York Surrogate's Court · 1940
- In re McGowanAppellate Division of the Supreme Court of the State of New York · 1930