Duclos v. Benner
New York Supreme Court
Appeal from special term, Hew York county. Action by Frances H. Duelos and Charles H. Benner against Mary S. Benner and Frank M. Bonta individually, and as executors and trustees under the last will and testament of Hiram Benner, deceased, impleaded with others, for the construction of such will. Defendants appeal from a judgment directing the payment of certain funds to plaintiffs.
1Opinion of the CourtIngraham, J.
"This is an appeal from a judgment entered on the decision of the court at special term construing the will of Hiram Benner, deceased, and two questions are presented on the appeal:
First. Whether the defendant Mary S. Benner is entitled to the premises or surplus arising on the sum of $30,000 United States 4 per cent, bonds; the sum of $30,000, which the will directed should be held for the benefit of the appellant, having been invested in such bonds. The will gave to the executors and trustees all of the testator’s estate in trust, and then contained the following provision: “To set apart or…
2Cases cited1 opinion
- Matter of Final Accounting of GerryNew York Court of Appeals · 1886
3Cited by4 opinions
- Gartenlaub v. Union Trust Co.California Supreme Court · 1926
- In re Biden's EstateNew York Supreme Court · 1895
- Cross v. Long Island Loan & Trust Co.New York Supreme Court · 1894
- Linsly v. BogartNew York Supreme Court · 1895