Jewett v. Schmidt
New York Supreme Court
. Motion for final judgment upon report of referee appointed by interlocutory judgment to take and state the accounts of defendants Melinda P. Schmidt and another, with regard to a certain trust fund of $200,000, created by the will of George Parhury Pollon, deceased, and hearing upon exceptions to said report.
1Opinion of the CourtBischoff, J.
The fund in suit, originally in the hands of trustees named in the will of Mr. Pollon, came into possession of the defendant Melinda P. Schmidt (the life beneficiary) and her son, the defendant Bache McEvers Schmidt, upon their appointment as administrators with the will annexed after the trustees, also named as executors, had died.
The plaintiff, interested in the fund by way of remainder, brought this action for the appointment of a trustee to take the fund, asserting, in effect, that these administrators with the will annexed were not entitled to possession as successors of the testamentary…
2Cases cited5 opinions
- In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
- Mott v. . AckermanNew York Court of Appeals · 1883
- Lowry v. . Farmers' Loan Trust Co.New York Court of Appeals · 1902
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Schoonmaker v. Van WyckNew York Supreme Court · 1860