McLean v. McLean
New York Surrogate's Court
Appeal by .the defendants, James C. H. McLean, individually and as administrator, and others, from parts of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 11th day of May, 1916, upon the decision of the court after a trial at the.
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Appeal by .the defendants, James C. H. McLean, individually and as administrator, and others, from parts of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 11th day of May, 1916, upon the decision of the court after a trial at the. Westchester Special Term, in a. suit for the judicial settlement of the accounts of the surviving trustee under the will of James M. McLean. This testator died May 13, 1890, leaving two sons, George H. and Cornelius, who both married. This will gave the…
1Opinion of the Court
Putnam, J. J.
The completed exercise of the testamentary power of appointment, through the effect given to the residuary clause in the will of Cornelius McLean, works out a result which' Cornelius McLean may not have foreseen. Apparently it reverses the testator’s intention as first expressed, which, though perhaps hut a partial plan, was to give his wife an interest during her life, or widowhood. Although he gave a conditional right to income, that did not exhaust his acts in execution of the. power. Eeither did the execution of the power stop in his abortive attempt to make an appointment to…
2Cases cited8 opinions
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- Hutton v. . BenkardNew York Court of Appeals · 1883
- Stall v. Catskill BankNew York Supreme Court · 1837
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