Montanye v. Montanye
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Ingraham, J.:
The question submitted here depends upon the construction to be given to the 6th clause of the will of William II. Montanye, deceased. By that clause the testator vests the residue of his estate in his execu*378tors in trust, which trust is to continue during the lifetime of his wife, the trustees to receive the rents, issues and profits ; and after paying the expenses of administration, the testator directs certain sums to be paid from such rents, issues and profits to his widow and children. The provision as to liis daughter Carrie, the plaintiff’s intestate, is as follows: “ and…
2Cases cited1 opinion
- Kelly v. CaseyNew York Supreme Court · 1891
3Cited by10 opinions
- Matter of Ossman v. . Von RoemerNew York Court of Appeals · 1917
- Goodyear Shoe Machinery Co. v. DancelCourt of Appeals for the Second Circuit · 1902
- Dancel v. Goodyear Shoe Machinery Co.U.S. Circuit Court for the District of Southern New York · 1905
- Union National Bank v. HunterCalifornia Court of Appeal · 1949
- In re the Judicial Settlement of the Account of HafnerAppellate Division of the Supreme Court of the State of New York · 1899
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