Legal Opinion

In Re the Will of Chittick

New York Court of Appeals

Decided July 9, 1926PublishedCited by 16 opinions

1Opinion of the CourtCrane, J.

Thomas H. Chittick died on December 3, 1922, leaving a last will and testament which has become the subject of this litigation. His relatives, so far as named in this will, are an adopted daughter, Margaret Chittick Johnson; three nephews, Thomas H. Bailey, William E. Bailey and Eugene J. Bailey, children of his sister, Anna J. Bailey.

Paragraphs 11, 12, 13, 14 have been challenged as suspending the power of disposition or of alienation beyond the time allowed by the statute. Accumulations directed by the will are coheeded to be illegal. The provisions of the will referred to are as follows:

“…

2Cases cited6 opinions

  1. Kalish v. . KalishNew York Court of Appeals · 1901
  2. Vanderpoel v. . LoewNew York Court of Appeals · 1889
  3. Bliven v. . SeymourNew York Court of Appeals · 1882
  4. Steinway v. . SteinwayNew York Court of Appeals · 1900
  5. Quade v. BertschAppellate Division of the Supreme Court of the State of New York · 1901

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3Cited by16 opinions

  1. Matter of DurandNew York Court of Appeals · 1928
  2. In re McNaryAppellate Division of the Supreme Court of the State of New York · 1937
  3. In Re the Accounting of Fifth Avenue Bank of New YorkNew York Court of Appeals · 1940
  4. In Re Estate of SherkSupreme Court of Minnesota · 1934
  5. Schmidlapp v. CommissionerUnited States Board of Tax Appeals · 1941

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