Metcalfe v. . Union Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1903, in favor of defendant upon the submission of a controversy under the provisions of sections 1279 and 1280 of the Code of Civil Procedure. The following are the material facts, which are set forth in an agreed statement by the parties, upon the submission of their ■ controversy to the Appellate Division, in the first department.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1903, in favor of defendant upon the submission of a controversy under the provisions of sections 1279 and 1280 of the Code of Civil Procedure. The following are the material facts, which are set forth in an agreed statement by the parties, upon the submission of their ■ controversy to the Appellate Division, in the first department. The defendant, the Union Trust Company, holds, as trustee under the will of Francis J. Metcalfe, deceased, and by direction of a decree of…
1Dissent
The plaintiff, under the will of her husband, who died in February, 1892, was entitled during her life or until her remarriage to the income of a trust fund consisting of one-third of his estate. Under the will as construed by a decree of the court in an action brought to determine the validity and effect of its provisions, the remainder, upon the death or remarriage of the plaintiff, was indefeasibly vested in the children of the testator and herself. The defendant is the trustee under said will. On February 11th, 1903, the remaindermen, all of whom were of age, conveyed their title and…
2Cases cited14 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Lent v. . HowardNew York Court of Appeals · 1882
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
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