Woodruff v. Woodruff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Amos Woodruff, individually and as. trustee, etc., of Amos Woodruff, deceased, and Henry 0. Woodruff,. from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Flew York on the 2d day of March,.1900, upon the decision-of the court, rendered after a trial at the Flew York Special Term, in an action brought to construe certain provisions of the last will and testament of Amos Woodruff,…
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Appeal by the defendants, Amos Woodruff, individually and as. trustee, etc., of Amos Woodruff, deceased, and Henry 0. Woodruff,. from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Flew York on the 2d day of March,.1900, upon the decision-of the court, rendered after a trial at the Flew York Special Term, in an action brought to construe certain provisions of the last will and testament of Amos Woodruff, deceased, except so far as it adjudges that the defendant Henry 0. Woodruff has a vested interest in the.yearly net income of…
1Dissent
McLaughlin, J. (dissenting):
I dissent. It seems to me that the testator intended that so much of the income derived from the trust estate as would enable his son Henry, to properly support himself and family, and educate liis children, should be paid and belong to him. The words used to express the intent negative any other conclusion'. His words are, “ invest and keep the same 'invested, and to collect the income and interest thereof, and pay over so much of the income and interest, (or all of it if necessary) to my son Henry 0. Woodruff, or pay out the same for him, as will be necessary for…
2Cases cited1 opinion
- Pell v. FolgerNew York Supreme Court · 1893