Legal Opinion

In re the Probate & Construction of the Last Will & Testament of Sayre

Appellate Division of the Supreme Court of the State of New York

Decided July 31, 1917PublishedCited by 2 opinions

Appeal by Edward C. Sayre and others from a decree of the Surrogate’s Court of the county of Suffolk, entered in the office of said Surrogate’s Court on the 6th day of November, 1916, admitting to probate and construing the will herein.

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Appeal by Edward C. Sayre and others from a decree of the Surrogate’s Court of the county of Suffolk, entered in the office of said Surrogate’s Court on the 6th day of November, 1916, admitting to probate and construing the will herein. The will in substance directs the executor to convert all testator’s estate, real and personal, into money; it gives the proceeds to the union free school district of Southampton, to be used by the board of education of said district, or officers performing like functions, for the payment of teachers’ wages forever, “to be controlled, invested and paid over…

1Opinion of the Court

Blackmar, J.:

The decision made by the surrogate nullifies the elaborate scheme of the testator to control and direct the disposition of the fund. The testator intended that the bequest should not be used to relieve the taxpayers, but should supplement the amount of taxes raised. To that end he vested the estate in trustees of his own choice, with directions that an amount not exceeding $1,500 be annually paid over to the treasurer of the district, or other officer performing the duties of said officer, to be used in the payment of teachers’ salaries, on condition that an equivalent amount is…

2Cases cited4 opinions

  1. Cochrane v. . SchellNew York Court of Appeals · 1894
  2. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  3. In re Proving the Last Will & Testament of BogartAppellate Division of the Supreme Court of the State of New York · 1899
  4. Butterworth v. KeelerAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by2 opinions

  1. In re VertNew York Surrogate's Court · 1925
  2. In re the Construction of the Last Will & Testament & Codicil Thereto of AllenNew York Surrogate's Court · 1920

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