Legal Opinion

In re McCormick

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

Decided April 15, 1899PublishedCited by 14 opinions

Appeal by Laura Brenton McCormick, as one of the testamentary guardians of Theodora Brenton Eliot McCormick, an infant, from an order of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 4th day of February, 1898, denying her application to vacate a prior order of the court making an annual allowance of $1,050, or so much thereof as should be necessary, for the support of the infant, or to modify the same by directing the other testamentary…

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Appeal by Laura Brenton McCormick, as one of the testamentary guardians of Theodora Brenton Eliot McCormick, an infant, from an order of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 4th day of February, 1898, denying her application to vacate a prior order of the court making an annual allowance of $1,050, or so much thereof as should be necessary, for the support of the infant, or to modify the same by directing the other testamentary guardians to pay to the petitioner for the support of said infant, such income from the infant’s estate as might be on hand,…

1Opinion of the Court

Willard Bartlett, J.:. The appellant was the wife of Eliot McCormick, who died in 1891, leaving her surviving him as his widow, and one child, Theodora Brenton Eliot McCormick, who was then, about one’ year old. By his will he devised and bequeathed to Edgar W. Abbot and Charles C. Cummings, as trustees, one-hálf of all his property in trust, to divide the same into as many equal shares as he should leave children surviving him, “ and to set apart one for each child, and to apply the net income of each child’s share to the (support, maintenance and education of said child until such child…

2Cases cited2 opinions

  1. Freeman v. . CoitNew York Court of Appeals · 1884
  2. In re Smith's EstateNew York Supreme Court · 1891

3Cited by14 opinions

  1. In re the Estate of HaydenNew York Surrogate's Court · 1939
  2. New York Trust Co. v. BlackAppellate Division of the Supreme Court of the State of New York · 1917
  3. In re the Judicial Settlement of the Final Account of Proceedings of City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
  4. In re the Estate of LazarusNew York Surrogate's Court · 1967
  5. In re the Accounting of FiskNew York Surrogate's Court · 1904

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