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United States Trust Company of New York v. Taylor

United States Trust Company of New York, as Trustee Under the Will of Peter B. Taylor, Deceased, Respondent, v. Irving K. Taylor Et Al., Appellants, and John M. Perry Et Al., Respondents

United States Trust Co. of N.Y. v. Taylor, 134 N.E. 591 (N.Y. 1922)
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Court
New York Court of Appeals · State Highest Courts
Decided
January 31, 1922
Citations
134 N.E. 591232 N.Y. 6091922 N.Y. LEXIS 1196
Headnotes
Will — construction — vesting of remainder.
Summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 5, 1920, which modified and affirmed as modified a judgment entered upon a decision of the court on trial at Special Term construing the will of Peter B. Taylor, deceased. The question involved is whether the testator in providing by article fifth of his will that, upon the death of his sister Jeannie McKewan, the trust fund theretofore held for her benefit should be distributed “ among my next heirs by blood according to the Statute of Distribution of the State of New York ” intended thereby the persons who were in fact his heirs at his death, or intended thereby the persons who would have been his heirs had he died at the same instant as his sister. The Appellate Division directed distribution among the persons who were testator’s heirs at his death.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Judgment affirmed, with costs, on opinion of Greenbaum, J., below.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 41 cases

View all citing references →
1922: 41924: 11925: 11926: 21927: 11928: 21929: 11932: 31933: 11934: 21935: 11936: 11937: 31938: 21940: 11944: 11948: 11954: 31956: 21957: 31958: 11960: 11973: 11981: 12014: 119222026peak 1922 · 4

Relies on it most ⓘ

  1. In re Trevor120 Misc. 22 (N.Y. Sur. Ct. 1922)
  2. In re Brooklyn Trust Co.134 Misc. 837 (N.Y. Sur. Ct. 1929)
  3. In re the Will of Chalmers190 N.E. 476 (N.Y. 1934)
  4. In re the Estate of Leonard143 Misc. 172 (N.Y. Sur. Ct. 1932)
  5. In re the Estate of Soy143 Misc. 217 (N.Y. Sur. Ct. 1932)
  6. In re the Judicial Settlement of the Account of Waterbury Trust Co.128 Misc. 582 (N.Y. Sur. Ct. 1927)

Most recent

  1. In re BNY Mellon47 Misc. 3d 481 (N.Y. Sur. Ct. 2014)
  2. In re the Estate of Symonds79 A.D.2d 24 (1981)
  3. In re the Estate of Carney73 Misc. 2d 579 (N.Y. Sur. Ct. 1973)
  4. In re the Estate of Newhouse29 Misc. 2d 1021 (N.Y. Sur. Ct. 1960)
  5. In re Construction of the Will of Carlin6 A.D.2d 281 (1958)
  6. In re the Accounting of Judson144 N.E.2d 46 (N.Y. 1957)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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