Legal Opinion

In re Appell

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

Decided January 13, 1922No. 1PublishedCited by 4 opinions

Appeal by Amanda Appell Evans, individually and as executrix, and another, from a decree of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said Surrogate’s Court on the 7th day of August, 1920, except in so far as it denies the application of Albert J. Appell to resign as executor under the will of Jacob Appell, deceased.

1Opinion of the Court

Page, J.:

Jacob Appell died December 26, 1915, leaving a widow and six adult children, two of whom, Emelia A. Sauer and Albert J. Appell, were children of a former marriage. By his will he bequeathed and devised all the residue of his estate after the payment of his debts to his son Albert and his youngest daughter Amanda in trust:

(I) To pay an annuity of $800 to his widow and to each of his children, the share of any deceased child to be paid to its issue per stirpes and not per capita;

(II) To accumulate the income to pay off and discharge mortgages and other incumbrances upon his real estate…

2Cases cited3 opinions

  1. Appell v. AppellAppellate Division of the Supreme Court of the State of New York · 1917
  2. Appell v. . AppellNew York Court of Appeals · 1917
  3. In re the Judicial Settlement of the Account of YetterAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by4 opinions

  1. In re the Application for a Compulsory Accounting in the Estate of AppellAppellate Division of the Supreme Court of the State of New York · 1922
  2. In re SauerAppellate Division of the Supreme Court of the State of New York · 1922
  3. In re the Judicial Settlement of the Account of SimmonsAppellate Division of the Supreme Court of the State of New York · 1925
  4. Burrows v. SchererNew York Supreme Court · 1929

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