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

Appellate Division of the Supreme Court of New York

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

246 A.D. 846

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1936·Published

Opinion

In an accounting proceeding involving the construction of certain portions of the testator’s will, decree of the Surrogate’s Court of Queens county, so far as appealed from, affirmed, with costs, payable out of the estate, to each party appearing and filing briefs. No opinion. Young, Carswell and Johnston, JJ., concur; Lazansky, P. J., and Hagarty J., dissent in so far as it is determined that Mary Welsh has no power of appointment under paragraph third of the will, being of the opinion that she has such power of appointment; otherwise, concur.

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In an accounting proceeding involving the construction of certain portions of the testator’s will, decree of the Surrogate’s Court of Queens county, so far as appealed from, affirmed, with costs, payable out of the estate, to each party appearing and filing briefs. No opinion. Young, Carswell and Johnston, JJ., concur; Lazansky, P. J., and Hagarty J., dissent in so far as it is determined that Mary Welsh has no power of appointment under paragraph third of the will, being of the opinion that she has such power of appointment; otherwise, concur.

In re the Judicial Settlement of the Account of Proceedings of Stoner, 246 A.D. 846 (N.Y. Ct. App. 1936).

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