In re O'Reilly's Estate
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Kings County. In the matter of the judicial settlement of the account of D. McLeod Gawne as sole surviving executor of Ellen O’Reillyj deceased. From a decree construing the will of the deceased and settling the accounts of the executor, Mary E. O’Reilly appeals.
1Opinion of the CourtGoodrich, P. J.
This appeal requires the construction of the third clause of the will of Ellen O’Reilly, deceased. By the second clause she gave her estate, real and'personal, to her executors, with power to transfer or sell the same, in trust to keep the principal invested during the life of her husband, and to pay him the income as long as he should live. The third clause of the will reads as follows;
“Third. It is my will and I hereby direct that upon the death of my said husband, James O’Reilly, my surviving executor shall divide the principal sum of my estate among my sons, James T. Reilly, William E.…
2Cases cited8 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Holmes v. . MeadNew York Court of Appeals · 1873
- Steere v. SteereNew York Court of Chancery · 1820
- Fisher v. . HallNew York Court of Appeals · 1869
- Rawson v. . LampmanNew York Court of Appeals · 1851
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3Cited by1 opinion
- Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911