Smith v. Kearney
New York Court of Chancery
This was an application, on the part of the complainant, under a reservation made in a decree in this cause, for directions as to the distribution of a portion of the fund in his hands, as administrator with the will annexed, and as substituted trustee in the place of the executors of John Clendining, deceased.
Read the full summary
This was an application, on the part of the complainant, under a reservation made in a decree in this cause, for directions as to the distribution of a portion of the fund in his hands, as administrator with the will annexed, and as substituted trustee in the place of the executors of John Clendining, deceased. The testator died in 1836, leaving a widow, and six children, John, James, Sarah the wife of William Hogan, Margaret the wife of H: W. Bulldey, Letitia the wife of Stuart Molían, and Jane who subsequently married Edward Kearney, his only heirs at law. The provisions of the will of the…
1Opinion of the Court
The Chancellor.
The funds in the hands of the trustee, and those which are hereafter to be received by him, consist of the following items: First, the income of one-seventh of the proceeds of the residuary real and personal estate of the testator, which was devised and bequeathed to the executors in trust for John Clendining, jun. for life. Second ; that portion of the two-sevenths of the personal estate of the decedent which was not legally and effectually disposed of by the will, upon the contingency which has actually occurred—the death of Letitia Molían without leaving issue—which belonged…
2Cited by46 opinions
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Holmes v. McPheetersIndiana Supreme Court · 1898
- Oxsheer v. NaveTexas Supreme Court · 1897
- Holden v. SpierSupreme Court of Kansas · 1902
- Fiscus v. MooreIndiana Supreme Court · 1890
41 more not listed; retrieve them via the Exa API.