Smith v. . Floyd
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1908, which affirmed a judgment of Special Term construing the will of Sarah W. F. Smith, deceased, as to whether a certain power given to trustees named therein devolved upon a substituted trustee.
1Opinion of the Court
Judgment reversed and judgment ordered for the plaintiffs that the power to apply portions of the principal of the estate to the use of the plaintiff Alice L. S. Smith passed to and is vested in the substituted trustee, with costs to all parties payable out of the estate, on opinion of Ingraham, J., below.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Willard Bartlett and Hiscook, JJ. Absent: Werner, J.
2Cited by13 opinions
- Watling v. WatlingDistrict Court, E.D. Michigan · 1926
- In Re the Accounting of WalkerNew York Court of Appeals · 1944
- In re the Accounting of FirthNew York Surrogate's Court · 1953
- In re the Estate of BrettellNew York Surrogate's Court · 1941
- In re the Estate of BrownNew York Surrogate's Court · 1935
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