In re the will of Meyer
New York Surrogate's Court
The executors have petitioned for a final settlement, and the question of the distribution of the estate has brought up the legal point of construction of the will. The provisions referred to are as follows: “ 1. I give and bequeath unto my beloved wife the income of one-third of my real estate, or the income of one-third of the proceeds thereof, during her natural life.
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The executors have petitioned for a final settlement, and the question of the distribution of the estate has brought up the legal point of construction of the will. The provisions referred to are as follows: “ 1. I give and bequeath unto my beloved wife the income of one-third of my real estate, or the income of one-third of the proceeds thereof, during her natural life. I also give and bequeath unto her, during her natural life, the income of $3,500, and upon her death I give the last mentioned sum of $3,500 to my eight children or the survivor or survivors of them.” Then after several…
1Opinion of the Court
W. D. Shuart, Surrogate.
I think the eight children of the testator became entitled, on his death, to a vested remainder in the $3,500, the income of which was, by the first clause of *205his will, bequeathed to his wife “ and upon her death ” to his eight children, “ or the survivor or swrvivors of them.” The will speaks from the death of the testator. The rights of all claiming under or in opposition to it hinge upon that period of time. There must be something in the provisions of the will in conflict with this principle to prevent its application to those claiming under it.
At the death of this…
2Cases cited2 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Lovett v. BuloidNew York Court of Chancery · 1848
3Cited by1 opinion
- In re the Estate of McParlanNew York Surrogate's Court · 1938