Cook v. . Lowry
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 9, 1883, which modified and affirmed as modified a judgment entered upon a decision of the court at Special Term. This action was brought to obtain a construction of the will of Nathaniel A. Lowry, deceased, and for an accounting by defendant, Alexander M. Lowry, as trustee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 9, 1883, which modified and affirmed as modified a judgment entered upon a decision of the court at Special Term. This action was brought to obtain a construction of the will of Nathaniel A. Lowry, deceased, and for an accounting by defendant, Alexander M. Lowry, as trustee. By the ninth clause of the will of said Nathaniel JVL Lowry the testator created a trust estate in his executors, of the one-fourth part of the residue of his real and personal property…
1Opinion of the CourtAndrews, J.
It is determined hy the judgment that the income received, or which ought to have been received hy the trustee, Alexander M. Lowry, on the share set apart under the ninth clause of the will, and which came to his hands under the order of May 22, 1866, over and above the annual income on §25,000 paid by him to the testator’s daughter Georgiana, and all sums expended by him for the support of the plaintiff, amounted in the aggregate July 1st, 1879, to $15,766.87, or in other words that this is the amount of the accumulation upon that share while the defendant has been trustee. The right to…
2Cases cited8 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Manice v. . ManiceNew York Court of Appeals · 1871
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Graff v. . BonnettNew York Court of Appeals · 1865
- Haxtun v. CorseNew York Court of Chancery · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Mills v. . HussonNew York Court of Appeals · 1893
- Meldon v. DevlinAppellate Division of the Supreme Court of the State of New York · 1898
- United States Trust Co. v. . SoherNew York Court of Appeals · 1904
44 more not listed; retrieve them via the Exa API.