In re the Judicial Settlement of the Account of Gawne
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary E. Reilly from so much of a decree of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 23d day of September,. 1902, settling the accounts of the executor of the will of Ellen O’Reilly, deceased, as construes the 3d clause of said will.
1Opinion of the Court
Goodrich, P. J.:
This appeal requires the construction of the 3d clause of the will of Ellen O’Reilly, deceased.. By the 2d clause she gave her estate, real and personal, to her executors, with power to transfer or sell the same, in trust to keep the principal invested during the life of her *375husband and to pay him the income as long as he should live. The 3d clause of the will reads as follows:
“ Third. It is my will and I hereby direct that upon the death of my said husband, James O’Reilly, my surviving executor shall divide the principal sum of my estate among my sons, James T. Reilly,…
2Cases cited6 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Holmes v. . MeadNew York Court of Appeals · 1873
- Steere v. SteereNew York Court of Chancery · 1820
- Fisher v. . HallNew York Court of Appeals · 1869
- Rawson v. . LampmanNew York Court of Appeals · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911
- Francis v. CommissionerUnited States Board of Tax Appeals · 1929
- Bank of New York & Trust Co. v. HamersleyNew York Supreme Court · 1923
- Fitch v. CommissionerUnited States Board of Tax Appeals · 1934
- In re the Accounting of the Executors of the Estate of MayNew York Surrogate's Court · 1920
4 more not listed; retrieve them via the Exa API.