1. Home
  2. Browse Decisions
  3. N.Y.
  4. 301 N.Y.
  5. 301 N.Y. 127 (1950)
 

MATTER OF HERZOG

301 N.Y. 127 (1950)

In the Matter of Angela S. Morgan, as Guardian of the Person of Lewis McC. Herzog, Jr., an Infant, Appellant and Respondent. United States Trust Company of New York, Respondent. In the Matter of Angela S. Morgan, as Guardian of the Person of Angela R. Herzog, an Infant, Appellant and Respondent. United States Trust Company of New York, Respondent. Angela S. Morgan, Respondent and Appellant, v. Lewis McC. Herzog, Sr., Third-Party Appellant and Respondent, and Seymour Graubard, as Guardian ad Litem for Lewis McC. Herzog, Jr., and Another, Third-Party Respondent.

Court of Appeals of the State of New York.

Decided June 1, 1950

Attorney(s) appearing for the Case

Sol Pottish and Harry L. Ettinger for Lewis McC. Herzog, Sr., third-party appellant and respondent.

Ambrose V. McCall and Eugene L. Garey for Angela S. Morgan, respondent and appellant.

Seymour Graubard, third-party respondent in person.

James J. Mennis for United States Trust Company of New York, respondent.

CONWAY, FULD and FROESSEL, JJ., concur with DYE, J.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and LEWIS, J., concur.

DYE, J.

In this proceeding, which is here on cross appeals, we are to construe the payment provisions of two trust indentures executed by the settlor, Lewis McComb Herzog, Sr., coincident with an agreement of separation entered into between him and his then wife, Angela Stevenson Morgan, petitioner-appellant. The trust indentures bear even date, are identical in terms and were created for the purpose of securing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases