Provost v. . Provost
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, modifying a judgment entered upon a decision of the court at Special Term, as to costs, and affirming it as modified. (Reported below, 7 Hun, 81.) This action was brought by plaintiffs as executors of the last will and testament of David Provost, deceased, to obtain a construction of said will. The clauses of the will in question, are as follows: “II.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, modifying a judgment entered upon a decision of the court at Special Term, as to costs, and affirming it as modified. (Reported below, 7 Hun, 81.) This action was brought by plaintiffs as executors of the last will and testament of David Provost, deceased, to obtain a construction of said will. The clauses of the will in question, are as follows: “II. In case of my decease, leaving a surviving child not of full age, I give and devise all the real estate wherever situated, of which I may die…
1Opinion of the CourtAllen, J.
The trust created by the will is for the preservation of the estate, and the payment of the net income from the rents and profits to the widow of the testator quarterly, or as received by the trustees, and had the will ended with this provision, the trust would have terminated with the life of the cestui que trust and no question would have been made as to its validity. The trust thus created is among those authorized by statute (1 R. S., 728, § 55, sub. 3.), and but for the added clause, “ until all of my living children shall be of full age,” the estate would only have vested in the…
2Cases cited1 opinion
- De Kay v. Irving & De KayCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by9 opinions
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- Kahn v. TierneyAppellate Division of the Supreme Court of the State of New York · 1909
- Troy Bank & Trust Company v. BrantleySupreme Court of Alabama · 1955
- Whitman v. TerryAppellate Division of the Supreme Court of the State of New York · 1921
- Schenectady Trust Co. v. EmmonsAppellate Division of the Supreme Court of the State of New York · 1942
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