Endress v. Willey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dora E. Endress, from certain parts of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Livingston on the 7th day of February, 1907, upon the decision of the court rendered after a trial before the court without a jury at the Livingston Trial Term.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs.
The'action was brought to procure the will of Charles B. Willey to be adjudged invalid and that he died intestate as to his real and personal estate.
The claim made by the' plaintiff was that the 2d clause of- the will was invalid because it created a trust, and as a part thereof illegally directed the accumulation of tlie-income from the real and personal property involved in the trust. The court found the trust provided for was valid, except so far as it provided for the- accumulation'of income, that such provision for accumulation was…
2Cases cited3 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Henderson v. . HendersonNew York Court of Appeals · 1889
- In Re the Estate of BonnetNew York Court of Appeals · 1889
3Cited by4 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- In re KohlerNew York Surrogate's Court · 1916
- Kennedy v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908
- In re the Construction of the Last Will & Testament & Codicil Thereto of AllenNew York Surrogate's Court · 1920