In re the Judicial Settlement of the Account of Proceedings of Callister

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Proceedings of Callister

247 A.D. 912

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

DecidedApril 15, 1936

StatusPublished

This text of 247 A.D. 912 (In re the Judicial Settlement of the Account of Proceedings of Callister) 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 Judicial Settlement of the Account of Proceedings of Callister, 247 A.D. 912 (N.Y. Ct. App. 1936).

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Opinion

Appeal by the executors from a decree of the Surrogate’s Court of Queens county construing the last will and testament of Thomas Callister, deceased. The decree of November 12, 1935, is reversed on the law, with costs, payable out of the estate, to all parties filing briefs, and the matter remitted to the Surrogate’s Court for the entry of a decree adjudging that the fifth and sixth paragraphs of the will of the decedent do not create a valid trust and that an equitable conversion was not thereby created (Cooke v. Platt, 98 N. Y. 35.) Morse v. Morse (85 N. Y. 53) is not to the contrary. In that case there was a mandatory power of sale. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. [157 Misc. 112.]

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Appeal by the executors from a decree of the Surrogate’s Court of Queens county construing the last will and testament of Thomas Callister, deceased. The decree of November 12, 1935, is reversed on the law, with costs, payable out of the estate, to all parties filing briefs, and the matter remitted to the Surrogate’s Court for the entry of a decree adjudging that the fifth and sixth paragraphs of the will of the decedent do not create a valid trust and that an equitable conversion was not thereby created (Cooke v. Platt, 98 N. Y. 35.) Morse v. Morse (85 N. Y. 53) is not to the contrary. In that case there was a mandatory power of sale. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. [157 Misc. 112.]

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Bluebook (online)

247 A.D. 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-proceedings-of-callister-nyappdiv-1936.

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