Townsend v. United States Trust Co.
New York Surrogate's Court
The petition set forth the probate of the will, and stated that the petitioners, Thomas S. Townsend, John D. Townsend, and Joseph L. Townsend, are sons of the testator, and that they are each entitled under said will to the interest, income and dividends upon the sum of five thousand dollars, directed in and by said will to be invested on bond and mortgage, or in the stocks of the United States, or of this State, at the discretion of his executors; that the trustee, Samuel…
Read the full summary
The petition set forth the probate of the will, and stated that the petitioners, Thomas S. Townsend, John D. Townsend, and Joseph L. Townsend, are sons of the testator, and that they are each entitled under said will to the interest, income and dividends upon the sum of five thousand dollars, directed in and by said will to be invested on bond and mortgage, or in the stocks of the United States, or of this State, at the discretion of his executors; that the trustee, Samuel T. Skidmore, did invest the several sums of five thousand dollars for each of said sons in United States stock of 1856 ;…
1Opinion of the Court
The Surrogate.
It must he taken for granted that the statements contained in the petition are true. The question therefore for consideration is, are the *222petitioners entitled, under the will of their father, to the said several sums of $43*7.50, above mentioned?
The testator’s will creates three several trusts in favor of his three sons, respectively; the said trusts are precisely alike in their terms and provisions. The sum of $5,000 is given to his executors in trust, to invest the same on bond and mortgage, or in stocks of the United States, or of this State, at their discretion, and upon the…
2Cases cited2 opinions
- Clarkson v. ClarksonNew York Supreme Court · 1855
- Cogswell v. CogswellNew York Court of Chancery · 1834
3Cited by7 opinions
- Matter of Final Accounting of GerryNew York Court of Appeals · 1886
- In re the Estate of EdgarNew York Surrogate's Court · 1935
- Wood v. DavisSupreme Court of Georgia · 1929
- Olcott v. Estate of Charles Frederick Hoffman, Inc.New York Supreme Court · 1926
- Scovel v. RooseveltNew York Surrogate's Court · 1881
2 more not listed; retrieve them via the Exa API.