Legal Opinion

Woodruff v. Woodruff

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

Decided July 1, 1900PublishedCited by 6 opinions

Appeal by the defendants, Amos Woodruff, individually and as. trustee, etc., of Amos Woodruff, deceased, and Henry 0. Woodruff,. from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Flew York on the 2d day of March,.1900, upon the decision-of the court, rendered after a trial at the Flew York Special Term, in an action brought to construe certain provisions of the last will and testament of Amos Woodruff,…

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Appeal by the defendants, Amos Woodruff, individually and as. trustee, etc., of Amos Woodruff, deceased, and Henry 0. Woodruff,. from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Flew York on the 2d day of March,.1900, upon the decision-of the court, rendered after a trial at the Flew York Special Term, in an action brought to construe certain provisions of the last will and testament of Amos Woodruff, deceased, except so far as it adjudges that the defendant Henry 0. Woodruff has a vested interest in the.yearly net income of…

1Opinion of the Court

Patterson, J. :

The plaintiff, claiming to be a beneficiary of a trust created by the 13th clause of the will of Amos Woodruff, her grandfather, brought this action to have her relation to that trust defined and to have it enforced for her benefit. By the clause of the will referred to, the testator directed that the net proceeds of his personal property, not otherwise disposed of, and the proceeds of sale of his real estate should be divided into five equal parts, as to one of which parts the following disposition was made, viz., “ I also give, devise and bequeath one of those shares to Amos…

2Cases cited1 opinion

  1. Allen v. Farmer's Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by6 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of IngersollAppellate Division of the Supreme Court of the State of New York · 1904
  2. Oberndorf v. Farmers' Loan & Trust Co.New York Supreme Court · 1911
  3. Newman v. NewmanNew York Supreme Court · 1927
  4. Lawrence v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1927
  5. Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938

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