In Re the Estate of Colegrove
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 3, 1917, which modified and affirmed as modified a decree of the Cattaraugus County Surrogate’s Court admitting to probate and construing the will of John P. Colegrove, deceased.
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 3, 1917, which modified and affirmed as modified a decree of the Cattaraugus County Surrogate’s Court admitting to probate and construing the will of John P. Colegrove, deceased. John P. Colegrove, of the city of Salamanca, state of New York, on the 22d day of July, 1915, made and executed his last will and testament wherein he created a trust or trusts as follows: “ Third. I give and bequeath unto Edwin F. Hoy, the sum of fifteen thousand dollars ($15,000) in trust to be…
1Opinion of the CourtCrane, J.
The principal trust provisions of this will can be upheld, discarding such as are illegal. The rule is quite well settled that an ulterior limitation, though invalid, will not be allowed to invalidate the primary dispositions of the will, but will be cut off in the case of a trust which is not an entirety. (Tiers v. Tiers, 98 N. Y. 568, 573; Kalish v. Kalish, 166 N. Y. 368, 375; Hascall v. King, 162 N. Y. 134, 152.)
The testator intended three separate and distinct trusts of five thousand dollars each for his three grandchildren. The fact that the trusts were to be kept in one fund does not…
2Cases cited5 opinions
- Kalish v. . KalishNew York Court of Appeals · 1901
- Hascall v. . KingNew York Court of Appeals · 1900
- Leach v. . GodwinNew York Court of Appeals · 1910
- Leggett v. . StevensNew York Court of Appeals · 1906
- Tiers v. . TiersNew York Court of Appeals · 1885
3Cited by56 opinions
- Matter of TrevorNew York Court of Appeals · 1924
- In Re the Will of HornerNew York Court of Appeals · 1924
- US Trust Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Huntington Nat. Bank v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1937
- In re the Judicial Settlement of the Account of EyeingtonAppellate Division of the Supreme Court of the State of New York · 1938
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