Van Axte v. . Fisher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 4, 1889, which afiirmed a judgment, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Otto F. Fisher, deceased. The provisions of the will, so far as material, and the facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 4, 1889, which afiirmed a judgment, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Otto F. Fisher, deceased. The provisions of the will, so far as material, and the facts are stated in the opinion. The future estate or remainder is in fee, and it vested in interest at the death of the testator, wholly in said John G. Fisher. (Gilman, v. Reddington, 24 N. Y. 15, 16; 1 R. S.…
1Opinion of the CourtGray, J.
The testator, by his will, gave all of the rest, residue and remainder of his estate to his executor, in trust, to pay the interest and income therefrom to his son Dietrich during his life. He empowered his executor to .sell and to dispose of the estate and to invest the proceeds, and' also, if, in his judgment, the income of the estate, with his son’s other means of maintenance, proved insufficient to properly support him, he empowered the executor to use'and appropriate so much of the principal in his hands as, in his opinion, might be necessary for the proper maintenance of the son. The…
2Cases cited2 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Hennessy v. . PattersonNew York Court of Appeals · 1881
3Cited by20 opinions
- In re Moran's WillWisconsin Supreme Court · 1903
- In re Irving Trust Co.New York Surrogate's Court · 1929
- In re the Estate of McCombsAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Judicial Settlement of the Account of AllisonNew York Surrogate's Court · 1907
- Gilbert v. . TaylorNew York Court of Appeals · 1896
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