193 N.Y. 683
87 N.E 1127
Decided December 18, 1908
New York Court of Appeals · decided 1908-12-18
<p>Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1908, which affirmed a judgment of Special Term construing the will of Sarah W. F. Smith, deceased, as to whether a certain power given to trustees named therein devolved upon a substituted trustee.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1908-12-18
Cited by 19 later decisions — most recently May 1957
2 district · 17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 Judgment reversed and judgment ordered for the plaintiffs that the power to apply portions of the principal of the estate to the use of the plaintiff Alice L. S. Smith passed to and is vested in the substituted trustee, with costs to all parties payable out of the estate, on opinion of Ingraham, J., below.
¶2 Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Willard Bartlett and Hiscook, JJ. Absent: Werner, J.