Crocker v. Oakes

• Decision Date: 28 December 1900
• Citation: 106 F. 760
• Parties: CROCKER v. OAKES.
• Court: U.S. District Court — Southern District of New York

106 F. 760

CROCKER v. OAKES.

United States Circuit Court, S.D. New York.

December 28, 1900

Fred C Hanford, for plaintiff.

Henry L. Sprague, for defendant.

WHEELERDistrict Judge.

By a third codicil in her will Winifred Oakes, referring to the second codicil, by the seventh clause of which she had bequeathed to the plaintiff, then Winifred Osborn, her granddaughter, $10,000, declared:

'Now I hereby revoke the said seventh clause, and in place thereof I give and bequeath the said sum of ten thousand dollars to my grandson, William A. Oakes, in trust to invest the same, and apply the income thereof to the use of my said granddaughter, Winifred Osborn, during her life and at her death the said sum shall go to my said grandson, William A. Oakes.Second, I hereby authorize said trustee to invest said trust fund in any security he may deem best, though the said security may not be such as the law requires him to select where no discretion may be given him.'

Such proceedings have been had in the surrogate's court that there appears to have been income found due to the plaintiffJune 15, 1896, $3,526.67, and that the principal sum became reduced to and fixed March 31, 1898, at $8,786.18.The defendant has made payments upon the balance found due in 1896, and upon the income from the amount fixed in 1898; but how his account justly stands is not clear.After the amount was fixed, the...