Villard v. . Villard
New York Court of Appeals
Appeal- from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 9, 1915, which affirmed a judgment of Special Term surcharging the account of the appellant herein as trustee "under the will of Henry Villard, deceased. The facts, so far as material, are stated in the opinion.
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Appeal- from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 9, 1915, which affirmed a judgment of Special Term surcharging the account of the appellant herein as trustee "under the will of Henry Villard, deceased. The facts, so far as material, are stated in the opinion. The duty of constituting the trust funds contemplated by the sixth and seventh ólauses of the will in the manner prescribed in the will devolved upon the executors. That duty could, under the terms of the will, only be performed by constituting such trust funds out…
1Opinion of the CourtChase, J.
Henry Villard died November 10, 1900, ■ leaving a will which was duly probated December 29, 1900, and his widow, Fanny Garrison Villard, his friend, Horace White, and his late private secretary, Charles A. Spofford, were duly named as executrix and executors and qualified as such. The will, so far as now material, provides as follows:
“ Sixth. I give and bequeath to my daughter Helen, an annuity or yearly sum of six thousand dollars, to be paid to her in equal quarterly installments from the time of my death during her natural life, the first of such installments to be paid to her at the…
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