In re Magnus
Appellate Division of the Supreme Court of the State of New York
Appeal by William C. Egerton, contestant, from an order and decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 21st day of July, 1916, admitting to probate the will of Sarah A. Egerton, and construing its provisions. ' Deceased died December 18, 1915. This contest is between the son William and his stepdaughter, Emily Timmons Egerton, and his daughter, Mabel Bertha Egerton, a minor, since married-, and called here…
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Appeal by William C. Egerton, contestant, from an order and decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 21st day of July, 1916, admitting to probate the will of Sarah A. Egerton, and construing its provisions. ' Deceased died December 18, 1915. This contest is between the son William and his stepdaughter, Emily Timmons Egerton, and his daughter, Mabel Bertha Egerton, a minor, since married-, and called here Mabel Bertha Anderson. The will was executed March 5,1915. The important provisions are: “First. After my lawful debts…
1Opinion of the Court
Putnam, J.:
We are referred to the rule that such trusts for more than one person may be treated as divided into as many parts as there are beneficiaries, so as to prevent a violation of the rule as to perpetuities.
A theoretical division may be made of the trust estate, where none was expressed, so as to sever the fund, forming a distinct trust for each of the beneficiaries. But in the effort to avoid the effect of the statute, the court cannot rightfully ignore a contrary purpose clearly expressed. To validate such provisions, there must not only be a severance of the trust fund, but if more…
2Cases cited6 opinions
- Schermerhorn v. . CottingNew York Court of Appeals · 1892
- Leach v. . GodwinNew York Court of Appeals · 1910
- Central Trust Co. v. . EglestonNew York Court of Appeals · 1906
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
- Wells v. . WellsNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Estate of HowellsNew York Surrogate's Court · 1932
- In re ButtnerAppellate Division of the Supreme Court of the State of New York · 1925
- In re BassfordAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Application for the Construction of the Last Will & Testament of BealeAppellate Division of the Supreme Court of the State of New York · 1925
- In re ButtnerNew York Surrogate's Court · 1925
6 more not listed; retrieve them via the Exa API.