In Re the Judicial Settlement of the Accounts of Chauncey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 28, 1889, which reversed in part a judgment in the above entitled proceeding entered upon a decision of the court on trial at Special Term. This was a proceeding for the judicial settlement of the accounts of George W. Chauncey, as trustee under the last will and testament of Mary L. Iiirby, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 28, 1889, which reversed in part a judgment in the above entitled proceeding entered upon a decision of the court on trial at Special Term. This was a proceeding for the judicial settlement of the accounts of George W. Chauncey, as trustee under the last will and testament of Mary L. Iiirby, deceased. The material facts are set forth in the opinion. The clear, literal construction of the will gave Delaney a fixed and certain legacy. (Stewart v. Chambers, 2 Sandf.…
1Opinion of the Court
Ruger, Ch. J.
The question in this case regards the disposition of the surplus income arising in certain years from a trust fund created for the purpose of paying annuities. It is claimed by the annuitant that such surplus is applicable, in the first instance, to the satisfaction of deficiencies in the annuity occurring in previous years from the insufficiency of annual income to pay them in full; and by the next of kin, that it goes to them as property remaining undisposed of by the will.
The portion of the will under which the question arises reads as follows:
Third. I give, devise and…
2Cases cited2 opinions
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Wynn v. AldenNew York Supreme Court · 1847
3Cited by18 opinions
- Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of GatehouseNew York Surrogate's Court · 1933
- In re KohlerNew York Surrogate's Court · 1916
- Comstock v. ComstockSupreme Court of Connecticut · 1906
- In re the Final Judicial Settlement of the Accounting of Proceedings of the Estate of NeilNew York Surrogate's Court · 1921
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