Legal Opinion

Bailey v. Buffalo Loan, Trust & Safe Deposit Co.

New York Supreme Court

Decided December 15, 1911Published

Action to declare provision of last will and testament void.

1Opinion of the Court

Brown, J".

The fourth paragraph of the last will -and testament of Daniel E. Bailey, deceased, reads as follows:

“ Fourth. I direct that bonds of the Toledo Consolidated Street Railroad to the amount of sixty thousand dollars be deposited in trust with the Buffalo Loan, Trust and.Safe Deposit Company, of Buffalo, E. Y., as trustees, and in case at the time of my decease I should not be possessed of the above bonds, then the same amount in cash or other good securities be placed in the hands of said Buffalo Loan, Trust and Safe Deposit Company, as a trust fund, the income of which, after paying…

2Cases cited8 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
  3. In Re the Accounting of WilcoxNew York Court of Appeals · 1909
  4. Henderson v. . HendersonNew York Court of Appeals · 1889
  5. Simpson v. Trust Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1908

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