Legal Opinion

Bigelow v. Tilden

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1900PublishedCited by 7 opinions

Appeal by the defendant, Marie Celeste Stauffer Eastwick, sued as Marie Celeste Stauffer, from so much of a final judgment of the Supreme Court in favor of the plaintiffs and defendants George H. Tilden and others, entered in the office of the clerk of the county of New York "on the 7th day of August, 1899, upon the report of a referee, as confirms those portions of the report of the referee, mentioned in said judgment, to which said defendant duly filed exceptions ; and…

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Appeal by the defendant, Marie Celeste Stauffer Eastwick, sued as Marie Celeste Stauffer, from so much of a final judgment of the Supreme Court in favor of the plaintiffs and defendants George H. Tilden and others, entered in the office of the clerk of the county of New York "on the 7th day of August, 1899, upon the report of a referee, as confirms those portions of the report of the referee, mentioned in said judgment, to which said defendant duly filed exceptions ; and from so much of said judgment as disallows and oven-ules the objections to the account of the plaintiffs as trustees under…

1Opinion of the Court

Ingraham, J,:

The final judgment in this action settled the accounts of the plaintiffs as executors and' trustees of Samuel J. Tilden, deceased, and directed a distribution of the balance of the estate in their hands.

The appellant, as the beneficiary under a special trust provided for by the will, appeals from that judgment, and three questions are presented in which it is claimed that the judgment was erroneous. By the 23d clause of the will the testator directed his executors and trustees “ to set apart $50,000 of first mortgage six per cent International and Great Northern Railroad Company…

2Cases cited1 opinion

  1. Tilden v. . GreenNew York Court of Appeals · 1891

3Cited by7 opinions

  1. In re the Estate of PulitzerNew York Surrogate's Court · 1931
  2. King v. KingSupreme Court of Georgia · 1969
  3. In re the Judicial Settlement of the Account of New York Life Insurance & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. London v. GoodmanNew York Supreme Court · 1957
  5. Wallace v. EiselmanSupreme Court of Georgia · 1964

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