Duncklee v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fran celia Butler, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of December, 1898, upon the decision of the court, rendered after a trial at the Flew York Special Term, as excludes such defendant, the decedent’s widow, from participation in the undisposed estate of such decedent.
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Appeal by the defendant, Fran celia Butler, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of December, 1898, upon the decision of the court, rendered after a trial at the Flew York Special Term, as excludes such defendant, the decedent’s widow, from participation in the undisposed estate of such decedent. Appeal by the defendants Jennie G. Butler, Mary E. Butler and James B. Brown, from so much of said judgment as adjudges that upon the death without issue of any child of the testator the…
1Opinion of the Court
Van Brunt, P, J. :
This action was brought for the construction of the will of John Gr. Butler, deceased. The clauses of the will which give rise to the questions involved are the 3d and 4th. They are as follows:
“ Third. I give and bequeath to Charles T. Duncklee the sum of. twenty-five thousand dollars, but in trust nevertheless, to hold, manage and dispose of as follows: He shall keep said sum invested in good, sound, dividend paying securities, and pay over the net income thereof, semi-annually, to my said wife during'her life, and upon her decease said sum shall become a part of my…
2Cited by6 opinions
- In Re Trusts Created by Butler Under Written Indenture of Trust Dated June 18, 1920Supreme Court of Minnesota · 1947
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- Duncklee v. ButlerNew York Supreme Court · 1899
- In re the Judicial Settlement of the Account of Proceedings of ZieglerNew York Surrogate's Court · 1913
- Hidden v. DureyDistrict Court, N.D. New York · 1929
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