Stewart v. Phelps
Appellate Division of the Supreme Court of the State of New York
Appeal by' the defendant, Helen Louisa Phelps Stokes, from so-much of a judgment of the Supreme Oourt in favor of the plaintiffs and certain of the defendant's, entered in the office of the clerk of the county of Hew York on the 7th day of June, 1899, upon, the report of a referee, as provides : “ Fourth.
Read the full summary
Appeal by' the defendant, Helen Louisa Phelps Stokes, from so-much of a judgment of the Supreme Oourt in favor of the plaintiffs and certain of the defendant's, entered in the office of the clerk of the county of Hew York on the 7th day of June, 1899, upon, the report of a referee, as provides : “ Fourth. That the defendant Helen L. Phelps Stokes is not entitled to receive any of the increase or .gain over inventory value or cost price realized by the plaintiffs on the sale of any -stocks or securities belonging to said testator in his lifetime, or acquired by the executors of, or trustees…
1Opinion of the Court
Ingraham, J.:
The question upon this appeal arises under the 14th clause of the last will and testament of Isaac H. Phelps, deceased. The testator died on the 1st day of August, 1889, and his will, which disposed of a large amount of personal. and real property, was admitted to probate by the surrogate of the county of Hew York, After making provision for his wife and grandchildren, the testator,, by the 14th clause of the will, gives to trustees all the rest, residue and remainder of his estate, real and personal, “ to take, receive^ hold, collect, manage, invest and reinvest the same, and…
2Cases cited2 opinions
- In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
- In Re the Judicial Settlement of the Account of RogersNew York Court of Appeals · 1899
3Cited by24 opinions
- In re the Estate of EgerNew York Surrogate's Court · 1931
- Chase v. Union National BankMassachusetts Supreme Judicial Court · 1931
- Gartenlaub v. Union Trust Co.California Supreme Court · 1926
- In re the Judicial Settlement of the Account of CanfieldAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Accounting of StevensNew York Surrogate's Court · 1905
19 more not listed; retrieve them via the Exa API.