New York Life Insurance & Trust Co. v. Cary
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants Hamilton W. Gary, as • administrator, etc.,' and. another, from certain portions, and by the defendant Fannie E. B. Francis, from the whole of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New. York on the 1st day of March, 1907, upon the decision of. the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Scott, J.:.On January 13, 1892, Jabez A. Bostwick, then a resident of the city of New York, executed and delivered to the New York Life Insurance .and Trust Company a certain trust instrument;' whereby • he undertook to make provision for his daughter Nellie. Bostwick Morrell, then the wife of Francis L. Morrell. The subject of the trust was personal property. The trustee was directed to hold the property during the lifetime of said Nellie Bostwick Morrell paying the income to her so long as she. lived, and - at her déath distributing and paying over the principal to her issue, if she left…
2Cases cited4 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- In Re the Transfer Tax Upon Certain Trusts Made by BostwickNew York Court of Appeals · 1899
- Livingston v. New York Life Insurance & Trust Co.New York Supreme Court · 1891
- In re BostwickAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Farmers' Loan & Trust Co. v. BostwickAppellate Division of the Supreme Court of the State of New York · 1907