Gould v. Rutherfurd
New York Supreme Court
Appeal from special term, New York county. Action by R. Baring Gould, as trustee, against John A. Rutherfurd and others, for the construction of the will of Alfred G. Myers, deceased. From so much of the judgment construing the will (26 N. Y. Supp. 921) as relates to costs, plaintiff appeals; and, from the portion which does not relate to costs, some of the defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
It seems to us that it would be difficult to imagine a case to which the statute in reference to undisposed of rents and profits could be intended to apply if it does not control the case at bar. It is urged upon the part of the appellants that the income which Matilda Myers, one of the beneficiaries, was entitled to receive as long as she lived, devolved upon her sister at her *363death. An examination of the terms of the will, however, does not bear out any such construction; and such a result can be arrived at only by making provisions in the will for a contingency which the testator himself…
2Cited by5 opinions
- Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Estate of ReeseNew York Surrogate's Court · 1931
- Dana v. SeibertNew York Supreme Court · 1918
- Meldon v. DevlinNew York Supreme Court · 1897
- Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912