Legal Opinion

United States Trust Co. v. Taylor

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

Decided July 9, 1920PublishedCited by 44 opinions

Appeal by the plaintiff, United States Trust Company of New York, as trustee, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 21st day of August, 1919, upon the decision of the court, rendered after a trial at the New York Special Term, and appeal by the defendant, John M. Perry, from part of said judgment.

1Opinion of the Court

Greenbaum, J.:

This case turns upon the question as to whether the “ next heirs by blood ” of the testator should be determined as of the date of his death or as of that of the life tenant. It involves the interpretation of decedent’s will and particularly paragraph “ Fifth ” thereof as to whether the estate given to testator’s “ next heirs by blood ” under that paragraph of the will was vested or contingent.

Paragraph “ Fourth ” reads: “ I direct my executors hereinafter named to divide all the rest, residue and remainder of my estate, real and personal, of whatsoever kind or nature and…

2Cases cited13 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. Wright v. . WrightNew York Court of Appeals · 1919
  3. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  4. Hersee v. . SimpsonNew York Court of Appeals · 1897
  5. Matter of TienkenNew York Court of Appeals · 1892

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

3Cited by44 opinions

  1. In re Brooklyn Trust Co.New York Surrogate's Court · 1929
  2. In Re the Will of ChalmersNew York Court of Appeals · 1934
  3. In re the Estate of LeonardNew York Surrogate's Court · 1932
  4. In re the Estate of SoyNew York Surrogate's Court · 1932
  5. In re the Judicial Settlement of the Account of Waterbury Trust Co.New York Surrogate's Court · 1927

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

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