Central Hanover Bank & Trust Co. v. Pell
New York Court of Appeals
The deed of trust clearly provides by its terms for a distribution of the entire remainder to the appellants in equal parts. (Matter of Farmers Loan & Trust Co. {Durant), 231 N. Y. 41; Matter of Union Trust Co., 170 App. Div. 176; 219 N. Y. 537; Matter of Lawrence, 238 N. Y. 116; Matter of Mortimer, 147 Mise. Rep. 543; Matter of Pond, 133 Mise.
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The deed of trust clearly provides by its terms for a distribution of the entire remainder to the appellants in equal parts. (Matter of Farmers Loan & Trust Co. {Durant), 231 N. Y. 41; Matter of Union Trust Co., 170 App. Div. 176; 219 N. Y. 537; Matter of Lawrence, 238 N. Y. 116; Matter of Mortimer, 147 Mise. Rep. 543; Matter of Pond, 133 Mise. Rep. 242; Matter of Farmers Loan & Trust Co., 213 N. Y. 168; Dexter v. Inches, 147 Mass. 325.) The deed of trust is barren of any evidence of an intent to distribute among issue per capita. (.Fleisch-man v. Furgueson, 223 N. Y. 235; Matter of Farmers…
1Opinion of the CourtFinch, J.
In 1889 various members of the Bates family executed and delivered to a trustee a deed of trust, providing for the payment of the entire income for life to Albertina M. Bates (herein referred to as the “ primary beneficiary ”). Upon her death, the deed provided for the establishment of five equal trusts for the benefit of five persons named therein, including Alice Bates Peil. Albertina M. Bates was the widow of Martin Bates, Jr., and Alice Bates Pell and the four other persons named as beneficiaries of the separate trusts were children of the said Martin Bates, Jr., and Albertina M. Bates.…
2Cases cited10 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Petry v. PetryAppellate Division of the Supreme Court of the State of New York · 1919
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1921
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3Cited by36 opinions
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- Welch v. PhinneyMassachusetts Supreme Judicial Court · 1958
- In re the Accounting of National City BankNew York Supreme Court · 1954
- In re the Accounting of City Bank Farmers Trust Co.New York Surrogate's Court · 1952
- In re the Estate of BurkeNew York Surrogate's Court · 1942
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