In re the Judicial Settlement of the Accounts of Trust & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Helen M. Evans and others from a decree of the Surrogate’s Court of Onondaga county, entered in said Surrogate’s Court on the'31st,day of July, 1903. The decree of the Surrogate’s Court adjudged that legacies bequeathed by the will to two brothers of the testator, Charles R. Smith and Albert G. Smith, who died in the lifetime of the testator, lapsed.'
1Opinion of the Court
Nash, J.:
By the 3d clause of the will the testator bequeathed, in trust, certain shares of railroad stocks, and directed that the dividends declared thereon by the corporations be made payable to his wife as long as she lived.
By the 4th clause of the will the testator devised to his wife? for and during her natural life, the use of .his house and lot in the city of Syracuse.
In this 4th clause it is provided that “ the property mentioned in the third and fourth clauses of this will, is to form and be considered, my final residuary estate.”
■ “ Fifth. I give and bequeath untó my brother, Charles…
2Cases cited1 opinion
- Hard v. LeurendusNew York Court of Appeals · 1890
3Cited by1 opinion
- Matter of City of New YorkNew York Court of Appeals · 1910