Reeves v. Snook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary Eliza Hyde and others, as executors and trustees of the last will and testament of John B. Snook, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of February, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, construing the will of John B. Snook, deceased, and directing his executors to pay…
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Appeal by the defendants, Mary Eliza Hyde and others, as executors and trustees of the last will and testament of John B. Snook, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of February, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, construing the will of John B. Snook, deceased, and directing his executors to pay over to the plaintiff a one-tenth part of the residuary estate. This is an action for the construction of the will of…
1Opinion of the Court
Willard Bartlett, J. :
Inasmuch as the testator’s daughters, Mary Eliza and Harriet Doremus, and his adopted daughter, Angeline Julia, are to receive only forty dollars a month out of the shares allotted to them under the will, it -is -undoubtedly true that if the income of a share amounted to more than forty dollars a month, the accumulation of surplus over and above that sum would be unlawful. In that event, however, such surplus would go not to the next of kin, as stated in the Special Term opinion on the authority of Hull v. Hull (24 N. Y. 647), but “ to the persons presumptively entitled…
2Cases cited5 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Benson v. . CorbinNew York Court of Appeals · 1895
- Cook v. . LowryNew York Court of Appeals · 1884
- Hull v. . HullNew York Court of Appeals · 1862
- Kurtz v. WiechmannAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- In re the Judicial Settlement of the Account of HarteauAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of BonannoNew York Surrogate's Court · 2016
- In re the Judicial Settlement Under the Last Will & Testament of HarteauNew York Surrogate's Court · 1907