In Re the Accounting of Union Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1904, which affirmed a decree of the Hew York County Surrogate’s Court settling the accounts of the trustee herein. The facts, so far as material, are stated in the opinion. The primary meaning of the word “ unmarried ” is never having been ’carried.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1904, which affirmed a decree of the Hew York County Surrogate’s Court settling the accounts of the trustee herein. The facts, so far as material, are stated in the opinion. The primary meaning of the word “ unmarried ” is never having been ’carried. (Maberly v. Strode, 3 Ves. 450; Bell v. Phyn, 7 Ves. 403; Maugham v. Vincent, 9 L. J. [N. S.] Eq. 329; Hall v. Robertson, 21 Eng. L. & Eq. 504; Norman's Trust, 22 L. J. [N. S.] Eq. 582; Day v. Barnard, 1 D. & S. 357; Dalrymple…
1Opinion of the Court
Cullen, Ch. J.
The sole question presented by this appeal is the construction to be given to the will of Bichard M. Hoe, who died leaving a widow and four daughters and the issue of a deceased daughter. Tersely stated, the testator gave all his residuary estate to his executors in trust to pay the income to his widow for life and upon her decease to divide said estate into five shares, to hold one in trust for each of the four daughters, and on the death of such daughter he gave the share so held in trust to the issue of*said daughter then surviving in the same manner and to the same effect as…
2Cases cited4 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Matter of Estate of BrownNew York Court of Appeals · 1883
- Low v. . HarmonyNew York Court of Appeals · 1878
- Areson v. AresonCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by4 opinions
- People v. WeinstockNew York City Magistrates' Court · 1912
- Myers v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1916
- In re the Estate of MarshallNew York Surrogate's Court · 1931
- In re the Estate of LymanNew York Surrogate's Court · 1942