In re the Judicial Settlement of the Account of Depeirris
Appellate Division of the Supreme Court of the State of New York
Appeal by Percival S. Jones, as executor, etc., of Jane Gr. Smith, deceased, from that portion of a decree of the Surrogate’s Court of the county of Eew York, entered in said Surrogate’s Court on the 21st day of March, 1905, construing the 1st clause of the will of said John Gr. Smith to be a bequest to his sons individually rather than as a class.
1Opinion of the Court
Laughlin, J.:
The testator by the 1st clause of his will bequeathed to his- wife the interest on a certain mortgage for $-25,000, during her life in lieu of dower, and provided'that “ at her death the said principal.sum of twenty-live thousand dollars to be equally divided between my sons or.their heirs, share and share.alike.” At the time of making the will the testator had four sons living, only two of whom survived‘him. The sons who predeceased the testator left -issue. The question is Whether the bequest of.- this mortgage, was to the sons as a class ■so .that the two who survived' their…
2Cited by5 opinions
- In re the Estate of QuigleyNew York Surrogate's Court · 1963
- In re the Estate of MottNew York Surrogate's Court · 1930
- In re the Estate of PassanisiNew York Surrogate's Court · 1984
- In re the Estate of StephensNew York Surrogate's Court · 1998
- In re the David Wolfenson 1999 TrustNew York Surrogate's Court · 2017