Macy v. Sawyer
New York Supreme Court
This is an action for the construction of the last will and testament of John Lawyer, deceased. The testator died seized and possessed of property real and personal. By the third clause of his will, the testator gave to his wife “ during her natural life only, all the rent and interest accruing from the real estate ” of which he died seized.
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This is an action for the construction of the last will and testament of John Lawyer, deceased. The testator died seized and possessed of property real and personal. By the third clause of his will, the testator gave to his wife “ during her natural life only, all the rent and interest accruing from the real estate ” of which he died seized. The testator gave, after the death of his wife, portions of his real estate to his two sons, and to his daughter other portions thereof; he also gave to her $1,000 in cash after the death of his wife. To the executors of his will was given a power to sell…
1Opinion of the CourtVan Vorst, J.
— There is no gift to the executors, in terms, of any estate in the realty. Nor is there any duty or trust imposed upon them with regard to its management. The gift is directly to the testator’s wife of the rents and profits. Had the executor been invested with the duty of collecting and applying the rents and profits an estate therein, *383by implication, might be found to exist in them commensurate with the duration of the duty or frust imposed by the testator. But there is nothing in the will which indicates an intention on the part of the testator to create a trust in the executors, in the…
2Cases cited1 opinion
- Doughty v. StillwellNew York Surrogate's Court · 1850
3Cited by7 opinions
- In re the Application for a Construction of Last Will & Testament of GrossmanNew York Surrogate's Court · 1928
- In re the Estate of KeehnNew York Surrogate's Court · 1935
- Hammond v. CroxtonIndiana Supreme Court · 1903
- In re Goetschius' EstateNew York Surrogate's Court · 1893
- Bunyan v. PearsonAppellate Division of the Supreme Court of the State of New York · 1896
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