Legal Opinion

Staples v. Mead

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

Decided October 18, 1912PublishedCited by 25 opinions

Appeal by the plaintiffs, Frank T. Staples and another, as ancillary executors, etc., from a portion, and by the defendants Sarah Frances Mead and another, individually and as surviving executrices and trustees, etc., and others, from the whole, of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of December, 1911, upon the decision of the court, rendered after a trial at the…

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Appeal by the plaintiffs, Frank T. Staples and another, as ancillary executors, etc., from a portion, and by the defendants Sarah Frances Mead and another, individually and as surviving executrices and trustees, etc., and others, from the whole, of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of December, 1911, upon the decision of the court, rendered after a trial at the Kings County Special Term, directing an accounting by the defendants Sarah Frances Mead and another, as executrices and…

1Opinion of the Court

Woodward, J.:

This case turns upon the interpretation to be given to the will of John J. Studwell, deceased, especially the 5th clause thereof, which reads as follows:

“Fifth. I give, devise and bequeath unto my executors, all the rest, residue and remainder of my estate both real and *747personal to have and to hold the same in trust for the following uses and purposes: To collect the rents, issues, profits and income arising from my estate during the life of my wife Elizabeth L. Studwell and pay over the same in quarter yearly payments as follows: One-third to my wife for her use, support and…

2Cases cited22 opinions

  1. Rudd v. . CornellNew York Court of Appeals · 1902
  2. Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
  3. Hersee v. . SimpsonNew York Court of Appeals · 1897
  4. Bowditch v. . AyraultNew York Court of Appeals · 1893
  5. Delafield v. . ShipmanNew York Court of Appeals · 1886

17 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. In re the Accounting of KroossNew York Court of Appeals · 1951
  2. In re the Estate of LeonardNew York Surrogate's Court · 1932
  3. Matter of Ossman v. . Von RoemerNew York Court of Appeals · 1917
  4. In re the Accounting of SnyderNew York Court of Appeals · 1954
  5. In re KohlerNew York Surrogate's Court · 1916

20 more not listed; retrieve them via the Exa API.

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