Legal Opinion

In re Miller

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 1916PublishedCited by 6 opinions

Appeal by Oscar Clark Miller from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 1st day of April, 1915, dismissing the petition herein.

1Opinion of the Court

Dowling, J.:

Sarah Akin made her last will and testament on April 13, 1908, and thereby, among other legacies, by the 9th clause thereof gave and bequeathed to her trustees the sum of $25,000 in trust, to invest the same, “ to collect the rents, income and profits thereof, and to pay the net income arising therefrom to my nephew Oscar Clark Miller during the term of his life,” with directions as to the disposition of the principal after his death. Oscar Clark Miller was then married to Julia A. Miller. The answer of the trustees to the petition herein sets up that Miller abandoned his wife and…

2Cases cited5 opinions

  1. Schult v. . MollNew York Court of Appeals · 1892
  2. Durian v. Central Verein of the Hermann's SœhnneNew York Court of Common Pleas · 1877
  3. Salvin v. SalvinAppellate Division of the Supreme Court of the State of New York · 1914
  4. Bachmann v. Supreme Lodge Knights & Ladies of HonorAppellate Court of Illinois · 1892
  5. In re the Estate of AkinNew York Surrogate's Court · 1915

3Cited by6 opinions

  1. In re the Accounting of SussdorffNew York Surrogate's Court · 1943
  2. In re the Estate of SimpsonNew York Surrogate's Court · 1935
  3. In re the Probate of the Will of LansNew York Surrogate's Court · 1960
  4. Dezell v. PikeSupreme Court of Minnesota · 1972
  5. In re the Accounting of PollakAppellate Division of the Supreme Court of the State of New York · 1967

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