In re the Judicial Settlement of the Account of Sears

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Sears

225 A.D. 734

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

DecidedDecember 15, 1928

StatusPublished

Cited by4 cases

This text of 225 A.D. 734 (In re the Judicial Settlement of the Account of Sears) 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 Sears, 225 A.D. 734 (N.Y. Ct. App. 1928).

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Opinion

Per Curiam.

Whether the actual duration or the expectancy theory should be applied in the will before us, need not be and is not now determined, but is left open. Under any method of computation, Dartmouth College has not yet received one-half of the estate of the testatrix, computed as of the date of her death, The decree upon the accounting by the trustees for Helen R. B. Sears should, therefore, be modified by striking out the 5th, 6th and 8th paragraphs thereof following the recitals, and the decree upon the accounting by the trustees for Helen R. B. Sears and William S. Robinson should be modified by striking out the 6th, 7th and 9th paragraphs thereof following the recitals, and as so modified affirmed, without costs. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. On first appeal: Decree modified by striking out the 5th, 6th and 8th paragraphs thereof following the recitals, and as so modified affirmed, without costs. On second appeal: Decree modified by striking out the 6th, 7th and 9th paragraphs thereof following the recitals, and as so modified affirmed, without costs. [130 Misc. 337.1

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Per Curiam.

Whether the actual duration or the expectancy theory should be applied in the will before us, need not be and is not now determined, but is left open. Under any method of computation, Dartmouth College has not yet received one-half of the estate of the testatrix, computed as of the date of her death, The decree upon the accounting by the trustees for Helen R. B. Sears should, therefore, be modified by striking out the 5th, 6th and 8th paragraphs thereof following the recitals, and the decree upon the accounting by the trustees for Helen R. B. Sears and William S. Robinson should be modified by striking out the 6th, 7th and 9th paragraphs thereof following the recitals, and as so modified affirmed, without costs. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. On first appeal: Decree modified by striking out the 5th, 6th and 8th paragraphs thereof following the recitals, and as so modified affirmed, without costs. On second appeal: Decree modified by striking out the 6th, 7th and 9th paragraphs thereof following the recitals, and as so modified affirmed, without costs. [130 Misc. 337.1

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225 A.D. 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-sears-nyappdiv-1928.

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