Legal Opinion

In re Judicial Settlement of the Accounts of Embree

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

Decided July 1, 1896PublishedCited by 47 opinions

Appeal by Lewis Morris, a son of Charles M. Morris, named in the will of Helen Morris, a daughter of Richard R. Morris, named in the third clause of the will of Jacob W. Morris, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 4th day of August, 1896, construing the last will and testament of Jacob W. Morris, deceased, as orders, adjudges and decrees that the only person entitled to participate…

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Appeal by Lewis Morris, a son of Charles M. Morris, named in the will of Helen Morris, a daughter of Richard R. Morris, named in the third clause of the will of Jacob W. Morris, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 4th day of August, 1896, construing the last will and testament of Jacob W. Morris, deceased, as orders, adjudges and decrees that the only person entitled to participate in-the distribution of the principal of ■ the estate -of Jacob W. Morris, deceased, and the proportionate part of the…

1Opinion of the Court

Williams, J.:

The facts were found by the surrogate in the decision and were not excepted to. They are as follows: The testator died January 1, 1863, leaving a will which was executed November 10,1859. By this will he gave, devised and bequeathed to his executors all his real and personal estate in trust. 1. To receive and pay over to his wife all the net income therefrom during her life 2. At the death of his wife, to assign, transfer and set over in fee all said property to any child or children of his and his wife’s who. might then be living, dividing the same equally between them. Such…

2Cases cited6 opinions

  1. Baer v. HendricksNew York Court of Appeals · 1895
  2. Smith v. . EdwardsNew York Court of Appeals · 1882
  3. Delafield v. . ShipmanNew York Court of Appeals · 1886
  4. Loder v. . HatfieldNew York Court of Appeals · 1877
  5. Campbell v. . StokesNew York Court of Appeals · 1894

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

3Cited by47 opinions

  1. In Re the Accounting of CraneNew York Court of Appeals · 1900
  2. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  3. United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
  4. Roosa v. . HarringtonNew York Court of Appeals · 1902
  5. In re the Accounting of LambAppellate Division of the Supreme Court of the State of New York · 1918

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

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