People's Trust Co. v. Flynn
New York Supreme Court
Suit for the settlement of the accounts of the plaintiff as trustee under the will of John. Flynn, deceased, and for a construction of the will. The testator died in 1897, leaving a widow, Annie D. Flynn; two daughters, viz., Mary 0. and Regina; three sons, viz., William L, James and John, jr.; and one grandchild, Charles Egan, son of a deceased child. All of these are still living except the son James, who has died unmarried, without issue, and intestate.
Read the full summary
Suit for the settlement of the accounts of the plaintiff as trustee under the will of John. Flynn, deceased, and for a construction of the will. The testator died in 1897, leaving a widow, Annie D. Flynn; two daughters, viz., Mary 0. and Regina; three sons, viz., William L, James and John, jr.; and one grandchild, Charles Egan, son of a deceased child. All of these are still living except the son James, who has died unmarried, without issue, and intestate. After giving certain legacies, the will provides as follows: “ I hereby give, devise and bequeath all the rest, residue and remainder of…
1Opinion of the Court
Gaynor, J.:
The son James having died since/the death of the testator, the question is what becomes of his share of the income and of the corpus. The will leaves the entire residuary estate to the executors in trust during the lives of the two daughters. The trust is to cplleet the income, and pay the net thereof as follows, viz.: To the wife $1,800 a year in lieu of dower, and the rest share and share alike to the said two daughters and three sons, or those of them who survive the testator, and the issue of any who do not so survive; and also the share of any of them who may die aftervrards…
2Cases cited8 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Delafield v. . ShipmanNew York Court of Appeals · 1886
- Stokes v. . WestonNew York Court of Appeals · 1894
- Benson v. . CorbinNew York Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
- In re Real Estate Title Insurance & Trust Co.New York Surrogate's Court · 1923
- Doscher v. WyckoffNew York Supreme Court · 1908
- Doscher v. WyckoffNew York Supreme Court · 1909
- In re the Accounting of LambAppellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.