Southgate v. Continental Trust Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, Hutchinson Southgate, as trustee under the last will and testament of Charles L. R. Hutchinson, deceased, and another, and by the defendants, Renee C. Southgate and others, from a judgment of the Supreme Court in favor of the defendants, The Continental Trust Company of the City of New York and others, entered in the office of the clerk of the county of New York on the 1st day of March, 1902, upon the decision of the court, rendered after a…
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Cross-appeals by the plaintiffs, Hutchinson Southgate, as trustee under the last will and testament of Charles L. R. Hutchinson, deceased, and another, and by the defendants, Renee C. Southgate and others, from a judgment of the Supreme Court in favor of the defendants, The Continental Trust Company of the City of New York and others, entered in the office of the clerk of the county of New York on the 1st 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 Charles L. R. Hutchinson, deceased.
1Opinion of the Court
Patterson, J.:
I concur in the views expressed by the learned judge at Special Term * upon all the questions involved in this case, with the singla *154exception of that relating to the amount of interest to which the •defendant Harriet A. Hume (Whitmore) was adjudged to be entitled. I think the two legacies to Harriet A. Hume (Whitmore) were cumulative, and that the specific legacy of $50,000 did not ¡supersede and cancel or displace that of $20,000 previously made by *155the testator to her. I am also of the opinion that the learned judge at Special Term properly disposed of the question concerning…
2Cases cited5 opinions
- Matter of StanfieldNew York Court of Appeals · 1892
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- Dewitt v. YatesNew York Supreme Court · 1813
- Wainwright v. TuckermanMassachusetts Supreme Judicial Court · 1876
- In re the Estate of BakerAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by13 opinions
- In re the Construction of the Will of MillerNew York Surrogate's Court · 1951
- In re the Estate of KelloggNew York Surrogate's Court · 1935
- In re the Judicial Settlement of the Account of the Trustee Under the Will of SmithNew York Surrogate's Court · 1914
- Conklin v. ClarkNew York Supreme Court · 1905
- In re the Estate of NeillNew York Surrogate's Court · 1941
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