Hawley v. Singer
New York Surrogate's Court
After bequeathing certain legacies, and making some other provisions, Isaac M. Singer, deceased, by his will, directed the residue of his estate to be divided into sixty parts, ten of which were given to his son, Adam Mortimer Singer, then a minor, but who recently attained his majority. The will contained this clause': ‘ Eighth.
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After bequeathing certain legacies, and making some other provisions, Isaac M. Singer, deceased, by his will, directed the residue of his estate to be divided into sixty parts, ten of which were given to his son, Adam Mortimer Singer, then a minor, but who recently attained his majority. The will contained this clause': ‘ Eighth. I hereby nominate and appoint my said executors guardians and trustees of the estate of' such of the above named legatees as are under the age of twenty-one years at the time of my decease, to continue such guardians and trustees until said legatees shall…
1Opinion of the Court
The Surrogate.
In view of the fact that the Court of Appeals held, in the case of Hood v. Hood (85 N. Y., 561), that the person named to execute the will of the deceased, who was a non-resident, and, as such, gave the bond required by the statute, in such case, was, for the purpose of fixing the liability of his sureties, simply an executor and not a trustee; and that the same Court, in 90 N. Y., 512, intimated that the same person might be a trustee; that the Supreme Court, in 19 Hun, 300, decided that the same individual was not a trustee under the will, and again, in 33 Hun, 338, that he…
2Cases cited6 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Hood v. . HoodNew York Court of Appeals · 1881
- In the Matter of the Estate of HoodNew York Court of Appeals · 1882
- Meeker v. CrawfordNew York Surrogate's Court · 1882
- People ex rel. Woodworth v. BurrowsNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re McCarthy's EstateNew York Surrogate's Court · 1897