United States Trust Co. v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary A. Stephens and others, from •certain portions of a judgment of the Supreme Court in favor of "the plaintiff and the defendant Wheeler, entered in the office of the clerk of the county of New York on the 24th day of March, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, construing the last will and testament of Richard N. Peterson, deceased.^
1Opinion of the Court
Hatch, J.:
This action was brought by the trustee of the will of Richard N~ Peterson, deceased, to determine the rights and interests in the-trust created under the 2d clause of the will. The testator died on April 1, 1894, and by the. terms of his will he provided, among-other things, as follows :
“ Second. I give and bequeath to the United States Trust Company of the City of New York the sum of Fifty thousand dollars, in trust nevertheless to take, manage and invest the same and the income' therefrom in quarterly yearly payments, so far as such payments may he practicable to pay to my wife…
2Cases cited5 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- Dougherty v. . ThompsonNew York Court of Appeals · 1901
- Barber v. . BrundageNew York Court of Appeals · 1902
- Barber v. BrundageAppellate Division of the Supreme Court of the State of New York · 1900
- Lese v. MillerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- People ex rel. Distler v. McGuireNew York Supreme Court · 1910