In re Benedict's Will
New York Supreme Court
Appeal from surrogate’s court, Steuben county. Proceeding for the judicial settlement of the account of Benjamin F. Grant, as executor of the will of James Benedict, deceased. From the decree rendered therein the legatees appeal.
1Opinion of the CourtLewis, J.
We think the learned surrogate gave the correct construction to the clause of the will providing for the testator’s widow. It gives her the right to possess and enjoy the rents and profits of the entire estate during her natural life, and it further provides that if the use and profits are not sufficient for her support a sale thereof may be made for her support. The remainder over, after the decease of his wife, he gives to his children and ■grandchildren, and appoints his wife one of the executors of the will. Ho trustee of the fund is provided for during the life-time of the wife. Who but…
2Cases cited3 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Thomas v. WolfordNew York Supreme Court · 1888
- Flanagan v. FlanaganNew York Supreme Court · 1880
3Cited by8 opinions
- In Re the Judicial Settlement of the Accounts of McDougallNew York Court of Appeals · 1894
- In re the Judicial Settlement of the Account of Proceedings of UngrichAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Final Judicial Settlement of the Account of Proceedings of VictorinNew York Surrogate's Court · 1927
- In re TreleaseNew York Surrogate's Court · 1906
- In re the Judicial Settlement of the Final Account of Proceedings of PurdyNew York Surrogate's Court · 1927
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