In re the Accounting of Lamb
Appellate Division of the Supreme Court of the State of New York
Separate appeals by Emily M. Gibb and others, by Bache McE. Whitlock and Harold Whitfield Carhart, Jr., infants, and by the Brooklyn Trust Company, as executor, etc., of Sarah M. Gibb, deceased, from parts of a decree of the Surrogate’s Court of the county of Nassau, entered in the office of said Surrogate’s Court on the 14th day of July, 1917, settling the accounts herein.
1Dissent
Putnam, J. (dissenting):
The testamentary trustees held in trust $200,000 to pay the income to the stepmother, and upon her decease then to pay over the principal, without any words of direct bequest
*190or any prior interest in the income. This makes a gift postponed to the future, within the “ divide and pay over ” rule. This canon of construction is not limited to remaindermen unascertained. because described as a class, or to instances where the fund is not to go over till the beneficiary shall attain a certain age — although such are frequent illustrations of its application. While the…
2Cases cited3 opinions
- People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
- People's Trust Co. v. FlynnNew York Supreme Court · 1904
- People's Trust Co. v. FlynnAppellate Division of the Supreme Court of the State of New York · 1905