United States Trust Co. v. Black
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 17,1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff, as trustee, under the third clause of the will of Mary Hopeton Drake, deceased, for the purpose of settling its accounts.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 17,1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff, as trustee, under the third clause of the will of Mary Hopeton Drake, deceased, for the purpose of settling its accounts. In order to settle them, a construction of the will of the testatrix above named becomes necessary. The testatrix died in June, 1884, and her will and codicil were duly admitted to…
1Opinion of the CourtPeckham, J.
I think this judgment should be affirmed. The case seems to me a reasonably clear one. The whole estate of the testatrix was quite large and she made distinct and specific devises of certain and separate portions of her real estate to different members of her late father’s family, making provision at the same time in regard to each of them (with one or two probably inadvertent exceptions), for possible lapse or failure to take, so that in such case the devise should fail into and be disposed of as part of her residuary estate. Having made the provisions which are set forth in the will, up to…
2Cited by9 opinions
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1909
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- Easton v. HallIllinois Supreme Court · 1926
- In re the Judicial Settlement of the Account of Proceedings of StewartAppellate Division of the Supreme Court of the State of New York · 1898
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