Legal Opinion

Smith v. Keteltas

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

Decided July 1, 1901PublishedCited by 19 opinions

Appeal by the plaintiff, Eugene K. Smith, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 24th day of December, 1900, upon the decision of the court rendered after a trial at the Hew York Special Term.

1Opinion of the Court

O’Bkiejst, J.:

The nature of the action and the questions involved are fully presented in the opinion of the learned judge at Special Term, which is reported in 32 Miscellaneous Reports, 111, and from which we take the liberty to quote:

“ This action is brought on the part of the plaintiff to recover of the defendant Edith M. K. Wetmore, the younger, as sole executrix under the will of Henry Keteltas, the last surviving trustee of the estate of John Gardner, deceased, an undivided one-seventh part of the sum of $230,040.36 received by said Henry Keteltas as trustee, on the 4th of May, 1894.
“John…

2Cases cited4 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Greason v. . KeteltasNew York Court of Appeals · 1858
  3. Stevens v. StevensNew York Supreme Court · 1894
  4. Deckelmann v. BraunsdorfNew York Supreme Court · 1895

3Cited by19 opinions

  1. In re the Estate of BommerNew York Surrogate's Court · 1936
  2. In re the Estate of AdlerNew York Surrogate's Court · 1937
  3. In re the Accounting of PershanNew York Surrogate's Court · 1949
  4. In re the Estate of DaviesNew York Surrogate's Court · 1950
  5. In re the Estate of EdgarNew York Surrogate's Court · 1935

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