Legal Opinion

In Re the Accounting of Security Trust Co. of Rochester

New York Court of Appeals

Decided November 22, 1921PublishedCited by 10 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 16, 1921, which unanimously affirmed a decree of the Monroe County Surrogate’s Court construing the will and settling the accounts of the executors of James G. Ardrey, deceased.

1Opinion of the CourtCardozo, J.

This appeal brings here for construction the will of James G. Ardrey. The first subdivision provides for the payment of debts and the erection of a tombstone. The second gives a legacy of $1,000 to each of three sons. The third, which has provoked this controversy, makes provision for the wife as follows: “ To my beloved wife, Ida Caroline Ardrey, I give the use of the home place at Rochester, New York, No. 18 Ormond Street, she to have the use of the same for a residence, and also to have the use of all income therefrom as long aá she lives, she also to have the income from any of the rest…

2Cases cited10 opinions

  1. Robert v. . CorningNew York Court of Appeals · 1882
  2. Post v. . HoverNew York Court of Appeals · 1865
  3. Vernon v. . VernonNew York Court of Appeals · 1873
  4. Morse v. . MorseNew York Court of Appeals · 1881
  5. Tobias v. . KetchumNew York Court of Appeals · 1865

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3Cited by10 opinions

  1. Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
  2. In re the Estate of PelcygerNew York Surrogate's Court · 1936
  3. In re the Estate of HardenberghNew York Surrogate's Court · 1932
  4. In re the Estate of BoyleNew York Surrogate's Court · 1931
  5. In re the Judicial Settlement of the Account of SchummersAppellate Division of the Supreme Court of the State of New York · 1924

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