Brooklyn Trust Co. v. Phillips
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sarah Ann Rhodes and others, from a judgment of the Supreme Oonrt in favor of the plaintiff and the defendant Phillips, entered in the office of the clerk of the county of Kings on the 4th day of May, 1909, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Rich, J.:
Daniel Marley died on December 13, 1872, leaving a last will and codicil which were thereafter duly admitted to probate. The will contained the following provisions : “ I give, devise and bequeath nnto my said executors and the survivor of them the further sum of ten thousand dollars of like lawful money upon the following trusts, that is to say, to lay out and invest the same at interestfin like manner and reinvest the same if necessary and to stand possessed thereof and the said interest upon trust to pay the said interest from time to time as soon as the same shall be received…
2Cases cited3 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- In re the Estate of BarrettAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by12 opinions
- In re the Accounting of LambAppellate Division of the Supreme Court of the State of New York · 1918
- Dickerson v. SheehyAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Accounting of JudsonNew York Court of Appeals · 1957
- In re TrevorNew York Surrogate's Court · 1922
- In re Brooklyn Trust Co.New York Surrogate's Court · 1925
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