In Re the Will of Fowles
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1917, which reversed a decree of the New York County Surrogate’s Court construing the will of Charles F. Fowles, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1917, which reversed a decree of the New York County Surrogate’s Court construing the will of Charles F. Fowles, deceased. The facts, so far as material, are stated in the opinion. As to the legacies of $5,000 and of the Fairmile Court personalty, the intent of the testator that these should not lapse under the circumstances of uncertain survivorship that have arisen, but should survive and be paid over to Mrs. Fowles’ executors, is fully declared in the 9th clause, and is…
1Opinion of the CourtCardozo, J.
The will of Charles Frederick Fowles, made on April 29, 1915, is before us for construction. By the second article of the will he gave to his wife, Frances May Fowles, $5,000. By the fourth article he gave her the contents of his estate “ Fairmile Court.” By the eighth article he gave his residuary estate to trustees to divide into three parts, the first part to consist of forty-five per cent thereof, and each of the other parts to consist of twenty-seven and one-half per cent thereof. The income of the first part was to be paid to his wife during her life, and upon her death the trust was to…
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