Herzog v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Title Guarantee and Trust Company of New York City and others, as executors, etc., of James Jennings McComb, deceased, and by Jennings Scott McComb, individually, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk, of the county of New York on the 15th day of May, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, construing a portion of the will of James…
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Appeal by the defendants, Title Guarantee and Trust Company of New York City and others, as executors, etc., of James Jennings McComb, deceased, and by Jennings Scott McComb, individually, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk, of the county of New York on the 15th day of May, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, construing a portion of the will of James Jennings McComb, deceased.
1Opinion of the Court
Laughlut, J.:
This is an action for the construction of the last will and testament of James Jennings McComb who died on the 31st day of March, 1901. By the judgment from which the appeal is taken it is adjudged and decreed that the 9th clause or article of the 3d codicil to the will construed in connection with the trust created by the 15th clause or article of the will is illegal, inoperative and void.
' The correctness of this decision is the question now presented. As appears by the decision this conclusion was reached upon the theory that the provisions of that part of the codicil in…
2Cited by3 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- In re the Judicial Settlement of the Account of Proceedings of Title Guarantee and Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of BennettNew York Surrogate's Court · 1959