From Casetext: Smarter Legal Research

Matter of Matthews

Court of Appeals of the State of New York
Jan 3, 1939
18 N.E.2d 683 (N.Y. 1939)

Opinion

Argued November 29, 1938

Decided January 3, 1939

Appeal from the Supreme Court, Appellate Division, Second Department.

Thomas A. Ryan, Wilber Stammler and William Parsons for Chase National Bank of the City of New York, as executor and trustee, appellant.

Winfield L. Morse and H.H. Morse for Elma Matthews et al., appellants.

Thomas K. Patterson, special guardian, and Joseph W. Proctor for Rita Matthews et al., infants, appellants.

Edwin W. Cooney, Edward L. Hunt, Jr., and William T. Maday for respondent.



Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: HUBBS, J.


Summaries of

Matter of Matthews

Court of Appeals of the State of New York
Jan 3, 1939
18 N.E.2d 683 (N.Y. 1939)
Case details for

Matter of Matthews

Case Details

Full title:In the Matter of the Estate of JOHN MATTHEWS, Deceased. CHASE NATIONAL…

Court:Court of Appeals of the State of New York

Date published: Jan 3, 1939

Citations

18 N.E.2d 683 (N.Y. 1939)
18 N.E.2d 683

Citing Cases

Matter of Shupack

The decisions in which a testamentary trust to the surviving spouse has been branded as "illusory" have…

Matter of Hyman

Although a testator can prevent the exercise of a right of election by placing the "intestate share" in trust…