In re the Final Accounting of Glover

Appellate Division of the Supreme Court of New York

In re the Final Accounting of Glover

11 A.D.2d 772, 204 N.Y.S.2d 1012, 1960 N.Y. App. Div. LEXIS 8691

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

DecidedJuly 5, 1960

StatusPublished

This text of 11 A.D.2d 772 (In re the Final Accounting of Glover) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Final Accounting of Glover, 11 A.D.2d 772, 204 N.Y.S.2d 1012, 1960 N.Y. App. Div. LEXIS 8691 (N.Y. Ct. App. 1960).

Pincite

Opinion

In a proceeding by executors for the judicial settlement of their accounts and for a judicial construction of Article Seventh of testator’s will, two of his legatees, Frances K. Wood (formerly known as Frances Keresey) and Cornelius Florman, his daughter and grandson, respectively, and John C. Wood, as successor trustee of a trust for the benefit of said daughter, appeal from so much of an order of the Surrogate’s Court, Nassau County, dated January 12, 1960, as is contained in its third decretal paragraph and as adjudges that said Article “ does not effect the cancellation of the indebtedness ” of $106,087.23 owing to the testator by the “ trust for the benefit ” of said daughter or the indebtedness of $11,954.43 owing to the testator by the “trust for the benefit” of said grandson. Order insofar as appealed from reversed on the law and the facts, without costs; and petition, insofar as it seeks a judicial construction of said Article Seventh of the testator’s will, granted to the further extent of construing said Article so as to effect the cancellation of the said indebtedness owing to the testator by the trust for the benefit of said daughter and so as to effect the cancellation of the said indebtedness owing to the testator by the trust for the benefit of said grandson. Findings of fact which may be inconsistent herewith are reversed and new findings are made as indicated herein. In our opinion, the language of Article Seventh of the will, construed in the light of all the circumstances of this case, includes within its purview the debts charged against said trusts on testator’s books (ef. Dibble V. Bichardson, 171 N. Y. 131; Fidelity Trust Co. v. Service Laundry Co., T60 Term. 57). Beldock, Acting P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding by executors for the judicial settlement of their accounts and for a judicial construction of Article Seventh of testator’s will, two of his legatees, Frances K. Wood (formerly known as Frances Keresey) and Cornelius Florman, his daughter and grandson, respectively, and John C. Wood, as successor trustee of a trust for the benefit of said daughter, appeal from so much of an order of the Surrogate’s Court, Nassau County, dated January 12, 1960, as is contained in its third decretal paragraph and as adjudges that said Article “ does not effect the cancellation of the indebtedness ” of $106,087.23 owing to the testator by the “ trust for the benefit ” of said daughter or the indebtedness of $11,954.43 owing to the testator by the “trust for the benefit” of said grandson. Order insofar as appealed from reversed on the law and the facts, without costs; and petition, insofar as it seeks a judicial construction of said Article Seventh of the testator’s will, granted to the further extent of construing said Article so as to effect the cancellation of the said indebtedness owing to the testator by the trust for the benefit of said daughter and so as to effect the cancellation of the said indebtedness owing to the testator by the trust for the benefit of said grandson. Findings of fact which may be inconsistent herewith are reversed and new findings are made as indicated herein. In our opinion, the language of Article Seventh of the will, construed in the light of all the circumstances of this case, includes within its purview the debts charged against said trusts on testator’s books (ef. Dibble V. Bichardson, 171 N. Y. 131; Fidelity Trust Co. v. Service Laundry Co., T60 Term. 57). Beldock, Acting P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

11 A.D.2d 772, 204 N.Y.S.2d 1012, 1960 N.Y. App. Div. LEXIS 8691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-final-accounting-of-glover-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack