Legal Opinion

Higgins v. Downs

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

Decided January 15, 1905PublishedCited by 7 opinions

Appeal by the defendants, Nathan A. Downs and another, as executors - and trustees of the estate of R'lioda J. Reeve, deceased, and others, from a-judgment, of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of .the county of Suffolk on the 16th day of July, 1904, upon the- decision of. the court, ren-, dered .after a,trial at the Suffolk Special Term, construing the will of Rhoda J. Reeve, deceased; r . '

1Opinion of the Court

Miller, J.:

This is an appeal by the defendants from a judgment of the Special Term construing the will of Rhoda J. Reeve in favor, of the ■ *121plaintiff, who sues as judgment creditor of one A. Tuthill Reeve, a beneficiary named in said will. The particular clause of the will in controversy is as follows: “Lastly, I give, bequeath and devise to my son Tuthill all the rest and residue of my property, both real and personal, to be held in. trust, nevertheless, by.my said executors, and managed and cared .for by them for my son Tuthill’s benefit until he shall arrive at the age of fifty years, when…

2Cases cited4 opinions

  1. Read v. . WilliamsNew York Court of Appeals · 1891
  2. Mellen v. . MellenNew York Court of Appeals · 1893
  3. Horton v. . CantwellNew York Court of Appeals · 1888
  4. Weed v. . WeedNew York Court of Appeals · 1883

3Cited by7 opinions

  1. In re the Estate of WilliamsNevada Supreme Court · 1916
  2. In Re Estate of DuffySupreme Court of Iowa · 1940
  3. Ransom v. RansomNew York Supreme Court · 1910
  4. Collins v. AhrensSupreme Court of Iowa · 1920
  5. Boss v. Polk CountySupreme Court of Iowa · 1945

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