Legal Opinion

Dana v. Seibert

New York Supreme Court

Decided November 15, 1918PublishedCited by 1 opinion

Action for construction of a will.

1Opinion of the CourtPhilbin, J.

The court is asked to construe the 2d and 12th clauses of the will of William B. Dana and to direct the disposition of the trust income. Qne of the three beneficiaries of the income, Ethel Dana Shepherd, died after the testator and during the measuring lives. Conflicting claims have arisen as to the share of the income thus released. The other two, beneficiaries are Maria Trumbull Dana and William *69Shepherd Dana, the latter being an adopted son of the testator.

The 2d clause creates a trust as to all the shares of stock owned by the testator in a business corporation bearing his name. It is…

2Cases cited6 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Phelps' v. . PondNew York Court of Appeals · 1861
  3. In Re the Accounting of HarteauNew York Court of Appeals · 1912
  4. In re KohlerNew York Surrogate's Court · 1916
  5. Gould v. RutherfurdNew York Supreme Court · 1894

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

3Cited by1 opinion

  1. In re the Judicial Settlement of the Account of Proceedings of the United States Mortgage & Trust Co.New York Surrogate's Court · 1927

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