Talmadge. v. Williamson
New York Surrogate's Court
This was a proceeding in the matter of the estate of John Williamson, deceased, for the final accounting of Richard Williamson, Jr. executor.
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This was a proceeding in the matter of the estate of John Williamson, deceased, for the final accounting of Richard Williamson, Jr. executor. The question submitted for determination was, whether a legacy to the testator’s niece, Isabella Talmadge one of the children of his deceased sister, Isabella Montgomery, vested at the decease of the testa,tor, or lapsed, she having died without issue before the death of testator’s widow, who, by the will, was entitled to the income of the estate, during her life. The will in question, among other things, provided that the trustees appointed should…
1Opinion of the Court
The Surrogate.
Upon reading the peculiar language of the will in. question, it occurred to me whether there was not a distinction to be recognized between those bequests which the will gives in prcesenti, to a legatee, subject to a life interest, and those cases where the gift seems to be in futuro, as in this case upon the death of the wife, the trustees being directed to pay and assign over, &c.
But upon a more careful examination and consideration of the case, it seems to me that in the language of the Surrogate in Conklin v. Moore (2 Bradf., 179), this will substantially gave a life estate…
2Cases cited2 opinions
- Marsh v. WheelerNew York Court of Chancery · 1834
- Conklin v. MooreNew York Surrogate's Court · 1852