Legal Opinion

In Re the Accounting of Buechner

New York Court of Appeals

Decided June 3, 1919PublishedCited by 219 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 5, 1919, which affirmed a decree of the Kings County Surrogate's Court, judicially settling the accounts of George C. Buechner, as trustee under the will of Charles F. Griffith, deceased. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtCardozo, J.

The will of Charles F. Griffith has been construed upon the settlement of the accounts of his trustee; and by this appeal the construction becomes subject to revision here.

The testator gave to a trustee one-half of his residuary estate in trust for the use of a brother, William H. Griffith, during life, with remainder as follows: “ Upon the death of my said brother, William H. Griffith, I direct. my trustee to divide the said estate so held in trust into as many shares as there shall be children of my said brother William H. Griffith living, and I give, devise, and bequeath one of each of the…

2Cases cited9 opinions

  1. Baer v. HendricksNew York Court of Appeals · 1895
  2. Smith v. . EdwardsNew York Court of Appeals · 1882
  3. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  4. Robinson v. . MartinNew York Court of Appeals · 1910
  5. Van Nostrand v. . MooreNew York Court of Appeals · 1873

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3Cited by219 opinions

  1. 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
  2. Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
  3. In re Brooklyn Trust Co.New York Surrogate's Court · 1929
  4. In re Will of LarkinNew York Court of Appeals · 1961
  5. In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939

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