Tucker v. . Bishop
New York Court of Appeals
Appeal from the Supreme Court. Peckham Barker, by his will, dated January 6, 1851, after bequeathing several legacies, gave and bequeathed, in the twelfth clause thereof. to W. S. Bishop and E. Peck, his executors, all the rest and residue of his personal property, in trust, as follows: “ My executors are hereby directed to invest the avails of said property in proper and safe securities, one-half of which sum, principal and interest, shall be for the benefit of the children…
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Appeal from the Supreme Court. Peckham Barker, by his will, dated January 6, 1851, after bequeathing several legacies, gave and bequeathed, in the twelfth clause thereof. to W. S. Bishop and E. Peck, his executors, all the rest and residue of his personal property, in trust, as follows: “ My executors are hereby directed to invest the avails of said property in proper and safe securities, one-half of which sum, principal and interest, shall be for the benefit of the children of Jane A. B. Tucker, and the other half, principal and interest, shall be for the benefit of the children of Augustin…
1Opinion of the CourtPaige, J.
As a general rule, a will of personal estate speaks as of the time of the testator’s death. Where a bequest is to a class of individuals, in general terms, as “ to the children of A,” and no period is fixed for the distribution of the legacy, the time for distribution will be the death of the testator; and hence only children born or begotten prior to and in esse at that time will be entitled to share in the distribution. But where the distribution is, by the terms of the will, to be made at some time subsequent to the death of the testator, the gift will embrace not only all children living…
2Cases cited1 opinion
- Jenkins v. FreyerNew York Court of Chancery · 1833
3Cited by36 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Everitt v. . EverittNew York Court of Appeals · 1864
- Scott v. WestWisconsin Supreme Court · 1885
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Sorrells v. McNallySupreme Court of Florida · 1925
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