Tiers v. . Tiers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 7, 1884, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 32 Hun, 184.) ^ This action was brought to obtain a judicial construction of the will of Esther L. Tiers, deceased. The clauses of the will in question were as follows: “ Thwd.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 7, 1884, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 32 Hun, 184.) ^ This action was brought to obtain a judicial construction of the will of Esther L. Tiers, deceased. The clauses of the will in question were as follows: “ Thwd. All the rest, residue and remainder of my estate real, personal and mixed, of whatsoever kind and wheresoever situate * * * I do give, devise and bequeath unto my executors,…
1Opinion of the CourtRapallo, J.
The trust in the third clause of the will as to four of the six equal parts into which the testatrix directed her residuary estate to be divided, created a separate trust as to each one of the four shares, to continue during the lives of the beneficiaries respectively. (Savage v. Burnham, 17 N. Y. 561; Moore v. Hegeman, 72 id. 376 ; Purdy v. Hayt, 92 id. 447.) On the death of each of the four beneficiaries, his or her share was directed to be conveyed or transferred to his or her children or issue upon arriving at the age of twenty-one years.
No valid objection can be raised to this…
2Cases cited5 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Schettler v. . SmithNew York Court of Appeals · 1869
- Knox v. . JonesNew York Court of Appeals · 1872
- Harrison v. . HarrisonNew York Court of Appeals · 1867
- De Kay v. Irving & De KayCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by28 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Kalish v. . KalishNew York Court of Appeals · 1901
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- In Re the Estate of ColegroveNew York Court of Appeals · 1917
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