Legal Opinion
In re the Judicial Settlement of the Accounts of DePuy
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1920PublishedCited by 1 opinion
Cross-appeals by Lillian DePuy, as substituted trustee, and Asher P. Whipple, as special guardian, and another, from parts of a decree of the Surrogate’s Court of the county of Monroe, entered in the office of said Surrogate’s Court on the 19th day of May, 1919, judicially settling the account of the proceedings of said trustee.
1Opinion of the Court
DeAngelis, J.:
The questions raised by these appeals require us primarily to construe section 8 and subdivision 4 of section 12 of the will of Ten Eyck DePuy.
The following is a copy of section 8:
“ Section Eight. I give and bequeath to my said executors, the principal sum of thirty thousand ($30,000.00) dollars, in trust, nevertheless, for the following uses and purposes, viz.:
“ (1) They shall invest the same and keep it invested, as far as possible, in interest bearing securities.
" (2) They shall pay over the income thereof to my son Clarence DePuy during the period of his natural life.
“ (3)…
2Cases cited3 opinions
- Lyons v. . OstranderNew York Court of Appeals · 1901
- Marsh v. . Consumers Park Brewing Co.New York Court of Appeals · 1917
- Marsh v. Consumers' Park Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- Dale v. DaleNebraska Supreme Court · 1941