Legal Opinion

Whitehead v. Draper

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 1909PublishedCited by 19 opinions

Appeal by the plaintiff, Pennington Whitehead, as substituted trustee, etc., from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day. of September, 1908, upon the report of the referee, as surcharges the plaintiff’s accounts and denies him commissions.

1Opinion of the Court

McLaughlin, J.:

John A. Haggerty died in 1863, leaving a last will and testament, by which he divided his residuary estate into, six shares,, to .bé held in trust for six nieces named, of whom Anna K. Shaw, then Haggerty, was one, with remainder to their issue. So far as material to this appeal, the will further provided that if any of said nieces *801should die without issue surviving, her share Was to be divided among the survivors, share and share alike. The will was duly probated and letters testamentary issued to the two executors and trustees named therein, the sole survivor of whom died in…

2Cases cited6 opinions

  1. Robertson v. . De BrulatourNew York Court of Appeals · 1907
  2. Naylor v. GaleNew York Supreme Court · 1893
  3. In re the Judicial Settlement of the Account of Proceedings of ToddAppellate Division of the Supreme Court of the State of New York · 1901
  4. Palmer v. DunhamNew York Supreme Court · 1889
  5. Wetmore v. WetmoreAppellate Division of the Supreme Court of the State of New York · 1899

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3Cited by19 opinions

  1. In Re the Accounting of BarkerNew York Court of Appeals · 1921
  2. In Re the Accounting of BusheNew York Court of Appeals · 1919
  3. In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
  4. In re the Judicial Settlement of the Account of PotterNew York Surrogate's Court · 1919
  5. In re the Judicial Settlement of the Account of Proceedings of the Equitable Trust Co.New York Surrogate's Court · 1923

14 more not listed; retrieve them via the Exa API.

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