In Re the Accounting of Barry
New York Court of Appeals
I. The Appellate Division was in error in refusing to pass upon the construction urged by the appellants. It was their duty, and it is the duty of the Court of Appeals to pass upon such construction. (Wilson v. Mechanical Orguinette Go., 170 N. T. 542; Matter of Davis, 149 N. Y. 539; Kelsey v. Western, 2 N. Y. 500; Matter of Winburn, 270 N. Y. 196; Groker v. Williamson, 208 N. Y. 480.) II.
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I. The Appellate Division was in error in refusing to pass upon the construction urged by the appellants. It was their duty, and it is the duty of the Court of Appeals to pass upon such construction. (Wilson v. Mechanical Orguinette Go., 170 N. T. 542; Matter of Davis, 149 N. Y. 539; Kelsey v. Western, 2 N. Y. 500; Matter of Winburn, 270 N. Y. 196; Groker v. Williamson, 208 N. Y. 480.) II. One half of the remainder vested in the two brothers and sister of testator’s wife who were alive at the time of testator’s death, and the appellants, as the distributees of such brothers, are entitled to…
1Opinion of the CourtDye, J.
Albert Burk died April 21, 1931, having made a will leaving his estate in trust for the life use and benefit of his wife. She died April 26, 1947. The substituted testamentary trustee has filed her petition to account and for a construction of the testator’s will to determine to whom and in what proportions the residue of the estate remaining in her hands is now distributable, the testator having provided, viz.: SecoNd : Upon the death of my wife, I order and direct my said executor to pay and distribute the one-half of all my said estate unto my nearest of kin in equal shares and to pay and…
2Cases cited18 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1923
- Matter of PulisNew York Court of Appeals · 1917
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3Cited by27 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- City of Mount Vernon v. Mount Vernon Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Dailey v. HoustonMississippi Supreme Court · 1963
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1960
22 more not listed; retrieve them via the Exa API.