Hendricks v. Hendricks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Rebecca Samuel and others, from a judgment of the Supreme Court in favor of the ¡ilaintiñ and of the defendants, Albert Hendricks and others, entered in the office of the clerk of the county of New York oh the 27th day of November, 1895, upon the report of a referee. The action was brought to obtain a judicial construction of the last will and testament of -Charlotte Gomez, deceased.
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Appeal by the defendants, Rebecca Samuel and others, from a judgment of the Supreme Court in favor of the ¡ilaintiñ and of the defendants, Albert Hendricks and others, entered in the office of the clerk of the county of New York oh the 27th day of November, 1895, upon the report of a referee. The action was brought to obtain a judicial construction of the last will and testament of -Charlotte Gomez, deceased. The will of the testatrix was as follows: “ In the Name of God, Amen : I, Charlotte Gomez, widow of Benjamin Gomez, of the city of New York, deceased, being in good health of body, and…
1Opinion of the Court
Rumsey, J.:
The plaintiff is a trustee under the will óf Charlotte Gomez, deceased, and he brings this action for an accounting as such trustee and that the court may declare who are entitled to the funds in his hands, his trust having determined, and to direct the payment of such funds to the proper person. There is no dispute as to tlie facts. - They are that-in the month of February, 1848, Mrs. Charlotte' Gomez made her will, and that she died on' the 1st day of December, 1849, and her will was admitted to probate. She was,' at that time, a widow with two daughters, one of whom, Emetine,…
2Cases cited3 opinions
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Gasquet v. PollockAppellate Division of the Supreme Court of the State of New York · 1896
- Bronson v. BronsonNew York Supreme Court · 1874
3Cited by4 opinions
- In re the Final Judicial Settlement of the Accounts of HoytAppellate Division of the Supreme Court of the State of New York · 1906
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- Hill v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Marx v. CommissionerUnited States Board of Tax Appeals · 1939