In re Franklin Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by John Suydam, objector, from a decree of the Surrogate’s "Court of the county of Kings, entered in the office of said Surrogate’s Court on the 7th day of August, 1919, overruling his petition and objections to the judicial settlement of the final accounts, herein. The 3d clause of the will devised and bequeathed testatrix’s residuary estate to the Franklin Trust Company, in trust for the use of her husband, said John Suydam, during his life, or until his remarriage.
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Appeal by John Suydam, objector, from a decree of the Surrogate’s "Court of the county of Kings, entered in the office of said Surrogate’s Court on the 7th day of August, 1919, overruling his petition and objections to the judicial settlement of the final accounts, herein. The 3d clause of the will devised and bequeathed testatrix’s residuary estate to the Franklin Trust Company, in trust for the use of her husband, said John Suydam, during his life, or until his remarriage. Upon John Suydam’s death, or his remarriage, the 4th clause directed her executor to divide her estate equally among…
1Opinion of the Court
Putnam, J.:
Upon this accounting of the executor’s proceedings, the Franklin Trust Company will hold the proceeds in the capacity of trustee under the 3d clause of this will. As an estate in trust for life now intervenes, distribution of the principal was rightly denied. However desirable it might be to look ahead, and by anticipating 'the later division, pronounce on the semi-invalidity of these 'future estates, the court should not dismember the present valid trust because of what may happen after its termination. It is not a case of present testamentary failure (like a will to benevolent…
2Cases cited8 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- In re the Estate of HearnNew York Surrogate's Court · 1936
- In re the Estate of BerwindNew York Surrogate's Court · 1943
- In re the Estate of MilhauNew York Surrogate's Court · 1934
- In re the Estate of AppleNew York Surrogate's Court · 1931
18 more not listed; retrieve them via the Exa API.