Thompson v. Thompson
New York Supreme Court
THIS case was submitted, for the construction of the will of the late Edward Gr. Thompson. The testator, by his will, after directing the sum of $3000 to be appropriated out of his estate, by his executors and trustees, for the support and maintenance of his wife and children, and the education of his children, for and during the first year after his decease, further orders and directs, that at the expiration of one year after his decease, his whole estate shall be divided…
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THIS case was submitted, for the construction of the will of the late Edward Gr. Thompson. The testator, by his will, after directing the sum of $3000 to be appropriated out of his estate, by his executors and trustees, for the support and maintenance of his wife and children, and the education of his children, for and during the first year after his decease, further orders and directs, that at the expiration of one year after his decease, his whole estate shall be divided into a number of shares, greater by one than the number of children whom he should leave him surviving; that his…
1Opinion of the Court
By the Court, Sutherland, J.
I suppose the share or legacy of Augustus Frederick vested in him in interest on the death of the testator, notwithstanding the declaration in the will, that the principal sums bequeathed to the children should vest in them respectively, when and as they should respectively arrive at the age of 21 years, and not before; and that having so vested, on his death without issue, the same is to be distributed in equal shares to his mother and surviving brother and sister, under the statute for the distribution of the estates of intestates, to take and hold absolutely in…
2Cited by3 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Phillips's EstateSupreme Court of Pennsylvania · 1903
- Ogden v. OgdenNew York Supreme Court · 1903