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United States Trust Company of New York v. Hart

Court of Appeals of the State of New York
May 20, 1913
102 N.E. 1115 (N.Y. 1913)

Opinion

Submitted May 6, 1913

Decided May 20, 1913

Donald Harper, John S. Wise, Jr., and Franklin Bien for appellants.

George L. Shearer for plaintiff, respondent.

Frederic R. Coudert and Howard Thayer Kingsbury for defendants, respondents.


Judgments of the Special Term and Appellate Division modified by adding to the third clause of the Special Term judgment, which is as follows: "Third, that the defendant Isabel Lucchesi Guillemin is not entitled to any share or portion of the estate of said Benjamin Hart, the testator, and has no interest therein," the following "excepting such claim, if any, to the residuary estate as she may hereafter be able to establish in the event that the testator's nephew, Michael Hart, shall die without having exercised the power of appointment granted him by the Eleventh clause of the testator's will and without leaving issue him surviving," and as thus modified affirmed, without costs to any party; no opinion.

Concur: CULLEN, Ch. J., WERNER, HISCOCK, CHASE, COLLIN and HOGAN, JJ. Absent: WILLARD BARTLETT, J.


Summaries of

United States Trust Company of New York v. Hart

Court of Appeals of the State of New York
May 20, 1913
102 N.E. 1115 (N.Y. 1913)
Case details for

United States Trust Company of New York v. Hart

Case Details

Full title:UNITED STATES TRUST COMPANY OF NEW YORK, as Executor of and Trustee under…

Court:Court of Appeals of the State of New York

Date published: May 20, 1913

Citations

102 N.E. 1115 (N.Y. 1913)
102 N.E. 1115

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