Legal Opinion
In re Smitley
New York Surrogate's Court
Decided September 20, 1915PublishedCited by 1 opinion
Proceeding for an accounting and distribution of a trust fund for the benefit of Cornelia Van Epps, the cestui que trust under the will of Jane Ann Smitley. Decree rendered.
1Opinion of the Court
VEDDER, S.
This is a proceeding for an accounting and the distribution of the corpus of the trust fund created for the benefit of the cestui que trust, Cornelia Van Epps, under the twenty-third clause of the will of Jane Ann Smitley. The distribution of the corpus of said trust fund involves the construction of that part of the twenty-third clause of said will which reads as follows:
“It such nephew or niece shall leave no issue surviving at his or her death, then upon the further trust, to pay and transfer such trust fund and property to the nephews and nieces of my blood, living at the death…
2Cases cited4 opinions
- Teed v. . MortonNew York Court of Appeals · 1875
- Low v. . HarmonyNew York Court of Appeals · 1878
- Matter of CrawfordNew York Court of Appeals · 1889
- Walden National Bank v. BirchNew York Court of Appeals · 1891
3Cited by1 opinion
- Allen v. CarsonCourt of Appeals of Texas · 1942