Legal Opinion

In Re the Accounting of Fifth Avenue Bank

New York Court of Appeals

Decided November 29, 1938PublishedCited by 12 opinions

1Opinion of the CourtLoughran, J.

This is a proceeding brought by an executor for settlement of its account and for the construction of a will.

Nellie V. Thompson directed that her residuary estate be divided into two equal portions. One portion she gave to her sister, Hannah W. O’Hara. The other she gave in equal shares to her brother, Bryan W. O’Hara, and to her husband’s sister, Elizabeth Thompson. “ These two portions,” says the will, “ are given absolutely and in fee simple to these legatees, their heirs, executors, administrators and assigns forever.” Elizabeth Thompson predeceased the testatrix and was survived only by…

2Cases cited6 opinions

  1. In Re the Accounting of TamargoNew York Court of Appeals · 1917
  2. In Re the Accounting of EvansNew York Court of Appeals · 1922
  3. In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
  4. Bryant v. . ThompsonNew York Court of Appeals · 1891
  5. Isham v. New York Ass'n for Improving Condition of the PoorNew York Court of Appeals · 1904

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

3Cited by12 opinions

  1. In re the Estate of ShannonAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re the Judicial Settlement of the First Account of Proceedings of Kings County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
  3. In re the Estate of BurggrafNew York Surrogate's Court · 1958
  4. In re the Accounting of GlennAppellate Division of the Supreme Court of the State of New York · 1959
  5. Marks v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939

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

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