In Re the Judicial Settlement of the Account of Traver
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 10, 1898, affirming a decree of the Surrogate’s Court of Dutchess county finally settling the accounts of an executor and distributing the estate. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 10, 1898, affirming a decree of the Surrogate’s Court of Dutchess county finally settling the accounts of an executor and distributing the estate. The facts, so far as material, are stated in the opinion. The courts below erred in holding that the gift to the surviving son, Sylvester P. Moore, was contingent upon his also surviving the widow of the testator, and, therefore, that the estate should be distributed as in case of intestacy, the daughter of Sylvester P., the appellant,…
1Opinion of the CourtHaight, J.
John W. Moore died on the 20tli day of October, 1878, leaving him surviving his widow, Juliette M. Moore, his son, Sylvester P. Moore and his grandchild, Carrie L. Moore, daughter of his deceased son William L. Moore, his only heirs at law and next of kin. He left a last will and testament in which he gave to his widow the use of all his estate, real and personal, during her natural life, with directions to the executors to appropriate from the corpus of the estate sufficient for her reasonable support and maintenance in case the income should prove insufficient. He then, by the third clause…
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