Irwin v. Irwin
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. On April 26, 1907, Mr. William Duryea, of Nyack, died, leaving an estate exceeding $700,000. By a will made in 1905 he provided for two successive trusts.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. On April 26, 1907, Mr. William Duryea, of Nyack, died, leaving an estate exceeding $700,000. By a will made in 1905 he provided for two successive trusts. During the lifetime of his widow, Frances (aged seventy-five at her husband’s death), all the testator’s property was to be held by the executors to pay to the widow yearly $10,000, and after providing for the taxes on the family residence, to divide the rest of the income in four parts equally between the three daughters…
1Opinion of the Court
Putnam, J.:
Apparently the testator looked for a different sequence of events. He did not anticipate the possibility that the earlier trust would continue to apply to Catharine after her remarriage. By the widow’s long survivorship, Catharine has enjoyed an income in the estate for nine years after becoming Mrs. Angus.
So long as Catharine remained the son’s widow, she was to be treated with great liberality. She had an immediate legacy outright of $15,000, the same as the daughters. The first trust looked to the family as united by the mother. While she lived, her influence held them together,…
2Cases cited4 opinions
- Robinson v. . MartinNew York Court of Appeals · 1910
- McLean v. . FreemanNew York Court of Appeals · 1877
- Maddox v. YoeCourt of Appeals of Maryland · 1913
- Ruggles v. JewettMassachusetts Supreme Judicial Court · 1912
3Cited by7 opinions
- Joseph v. PeopleDistrict Court, Virgin Islands · 2008
- In re the Estate of HortonNew York Surrogate's Court · 1936
- In re the Estate of DettmerNew York Surrogate's Court · 1941
- In re the Estate of GimbelNew York Surrogate's Court · 1943
- In re the Will of LambertNew York Surrogate's Court · 1944
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