Platt v. . Mickle
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decison of the court on trial at Special Term. This action was brought by plaintiff, as trustee under the will of Rachel Miller, deceased, to have his account settled and the balance in his hands distributed to those entitled.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decison of the court on trial at Special Term. This action was brought by plaintiff, as trustee under the will of Rachel Miller, deceased, to have his account settled and the balance in his hands distributed to those entitled. The facts, so far as material, are stated in the opinion. This case must be decided by the law as it existed and was understood at the date of this will. At the date of…
1Opinion of the CourtGray, J.
In the distribution of this trust fund, held by plaintiff as trustee under the provisions of the will of Bachel Miller, deceased, Andrew and George Mickle, sons of her •deceased grandson, George Benjamin Mickle, claim to be entitled to share, to the exclusion of Lizzie Mickle, the widow of their father. She insists upon her right to share in it, upon the ground that she should be regarded as one of her husband’s next of kin; to whom Bachel Miller by her will had given her .grandson’s share upon his decease. Turning to the will in •question, which was made in 1847, we find that she had created…
2Cases cited1 opinion
- Murdock v. . WardNew York Court of Appeals · 1876
3Cited by11 opinions
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- In Re the Will of KochNew York Court of Appeals · 1940
- Matter of DevoeNew York Court of Appeals · 1902
- National Power Construction Co. v. RouleauIndiana Court of Appeals · 1924
- In re the Estate of TillyNew York Surrogate's Court · 1976
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