In Re the Accounting of Silsby
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1920, which affirmed a decree of the Seneca County Surrogate’s Court construing the will of Horace Silsby, deceased. The facts, so far as material, are stated in the opinion. The remainder is contingent.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1920, which affirmed a decree of the Seneca County Surrogate’s Court construing the will of Horace Silsby, deceased. The facts, so far as material, are stated in the opinion. The remainder is contingent. (Hall v. La France F. E. Co., 158 N. Y. 570; Purdy v. Hayt, 92 N. Y. 446; Fargo v. Squiers, 154 N. Y. 250.) The remainder is void in its inception. (Matter of Wilcox, 194 N. Y. 288; Dana v. Murray, 122 N. Y. 604; Colton v. Fox, 67 N. Y. 348; Matter of…
1Opinion of the CourtChase, J.
Horace Silsby died February 5, 1901, leaving a last will and testament which was duly probated and by which he directed the payment of his debts, funeral expenses and the expenses of administering his estate. All of the remaining property of every name and kind he gave to his executors and trustees therein named, in trust, however, to invest and keep invested, and “ to dispose of the same, principal and interest as follows to wit:
“ To pay over to my wife, Rebecca Silsby, from time to time for and during the term of her natural life, the net income, interest, issues and profits of and from the…
2Cases cited17 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Purdy v. . HaytNew York Court of Appeals · 1883
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Cammann v. . BaileyNew York Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Matter of TrevorNew York Court of Appeals · 1924
- In re HornidgeNew York Surrogate's Court · 1929
- Central Union Trust Co. v. TrimbleNew York Court of Appeals · 1930
- Waxson Realty Corp. v. RothschildNew York Court of Appeals · 1931
- In re the Accounting of HellerNew York Court of Appeals · 1954
81 more not listed; retrieve them via the Exa API.