Dale v. Guaranty Trust Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Dowling, J.:
The testatrix, Annie K. Dale, was the widow of Ansel N. Kellogg when she married plaintiff. By her last will and testament she had left the sum of $150,000 to her executor in trust to invest the same and apply the net income thereof to the use of her husband, the plaintiff, during the term of his natural life, in quarterly payments, and the principal upon his death was to become part of her residuary estate. By a codicil she revoked this provision and substituted therefor the following: “ First. I revoke the first clause of my said will which makes provision for a trust fund for…
2Cases cited4 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Graff v. . BonnettNew York Court of Appeals · 1865
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Metcalfe v. . Union Trust Co.New York Court of Appeals · 1905
3Cited by12 opinions
- Robinson v. RobinsonNew York Supreme Court · 1940
- In re SullardAppellate Division of the Supreme Court of the State of New York · 1936
- In re the Estate of LeeNew York Surrogate's Court · 1921
- In re the Accounting of HalladayNew York Surrogate's Court · 1954
- In re the Judicial Settlement of the Account of BloodgoodAppellate Division of the Supreme Court of the State of New York · 1918
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