Dwight v. . Gibb
New York Court of Appeals
Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1912, as modifies a judgment entered upon the report of a referee and directing distribution of a trust fund. The facts, as so far material, are stated in the opinion.
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Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1912, as modifies a judgment entered upon the report of a referee and directing distribution of a trust fund. The facts, as so far material, are stated in the opinion. Inasmuch as the appellants and the respondents, constituting collectively the “ legal representatives ” of the testator’s daughter Caroline, are all related in equal degree to her, they must inter se, share equally in the distribution. (Cons. Laws, ch. 13, § 98, subd. 10; Schmidt v. Jewett, 195 N.…
1Opinion of the CourtChase, J.
Timothy Dwight died in 1857 leaving a will, which was duly probated in 1858. He directed that his residuary estate be divided into six parts, and that three of such parts be held in trust for three daughters. By his will he provided that said three parts should be held during the natural life of said daughters severally and upon the further trust as follows: “ Upon the decease of my said daughters respectively, to pay over, transfer and deliver the principal of the part aforesaid, so holden in trust for the usé of the daughter so respectively deceased, to the child or children of such…
2Cases cited2 opinions
- Dwight v. GibbAppellate Division of the Supreme Court of the State of New York · 1911
- In Re the Accounting of Union Trust Co.New York Court of Appeals · 1902
3Cited by10 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- In Re the Estate of WestbergNew York Court of Appeals · 1938
- Silverstein v. Standard Accident Insurance of Detroit, MichiganNew York Court of Appeals · 1917
- Vose v. ConklingAppellate Division of the Supreme Court of the State of New York · 1913
- Bower v. PalmerAppellate Division of the Supreme Court of the State of New York · 1940
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