Barbour v. . De Forest
New York Court of Appeals
Appeal from jtidgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 28, 1883," which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Eeported below, 28 Hun, 615.) This action was brought to obtain a judicial construction of certain provisions in the will of Burr Wakeman, deceased, and in a codicil thereto..
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Appeal from jtidgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 28, 1883," which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Eeported below, 28 Hun, 615.) This action was brought to obtain a judicial construction of certain provisions in the will of Burr Wakeman, deceased, and in a codicil thereto.. The provisions in question as well as the material facts are set forth in the opinion. The accumulations of income provided for are expressly prohibited by the statute. (Manice v. Manice, 43…
1Opinion of the CourtEarl, J.
Burr Wakeman died in July, 1879, leaving a last will and testament, in which he gave and devised a portion of his residuary estate, consisting of real and personal property, to his executors in trust, to receive and apply the income thereof to the use of his great granddaughter, the plaintiff, then an infant, during her life; and after her death to pay and transfer the principal to her children; and if she died without leaving any child, then to other persons as mentioned in the will. By a codicil subsequently executed he directed that so much of the income of the share thus put in trust for…
2Cases cited1 opinion
- Pray v. . HegemanNew York Court of Appeals · 1883
3Cited by15 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Hascall v. . KingNew York Court of Appeals · 1900
- In re the Accounting of HellerNew York Court of Appeals · 1954
- Morris v. MorrisNew York Court of Appeals · 1936
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
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