Legal Opinion

In re the Accounting of the First National Bank

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

Decided July 10, 1956PublishedCited by 8 opinions

1Opinion of the CourtHalpern, J.

Upon this appeal, we have before us another case involving the question of whether a requirement of survival to the time of distribution should be implied in the gift of a future interest — a question which has been a prolific source of litigation.

Almira J. Sweazey, the testratrix, died on March 13, 1912 leaving a will dated February 19, 1905. At the time she drew the will, the testatrix had two daughters, one Carrie Belle Sweazey, who was 40 years of age and unmarried, and the other, Frances J. Brashear, who was 47 years of age and who was married and had several children. Both daughters…

2Cases cited16 opinions

  1. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  2. In re the Accounting of KroossNew York Court of Appeals · 1951
  3. Pimel v. . BetjemannNew York Court of Appeals · 1905
  4. In Re the Accounting of BrownNew York Court of Appeals · 1897
  5. In Re the Will of ChalmersNew York Court of Appeals · 1934

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

3Cited by8 opinions

  1. In re the Estate of BogartNew York Surrogate's Court · 1970
  2. Estate of J. S. Ferry v. LucasCalifornia Supreme Court · 1961
  3. Crowley v. VaughanCourt of Appeals of Texas · 1961
  4. In re the Accounting of Marine Midland Bank-WesternAppellate Division of the Supreme Court of the State of New York · 1976
  5. In re the Estate of AkinsNew York Surrogate's Court · 1976

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

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