Morgan v. Williams
New York Supreme Court
Application for a judicial construction of certain provisions of the will of Edward E. Powers, deceased. The deceased, who was domiciled in the state of Georgia, died' 12tli June, 1855, leaving a will which was admitted to probate in the county and state of New York, and his entire estate, consisting exclusively of personal property, has remained there in the custody of the acting executor.
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Application for a judicial construction of certain provisions of the will of Edward E. Powers, deceased. The deceased, who was domiciled in the state of Georgia, died' 12tli June, 1855, leaving a will which was admitted to probate in the county and state of New York, and his entire estate, consisting exclusively of personal property, has remained there in the custody of the acting executor. The general scheme of the will is the creation of a trust in the executors as trustees ; the trust fund, comprising the whole estate, except as to certain legacies, all ot which have long since been paid,…
1Opinion of the CourtVan Vorst, J.
—Upon an examination of the various clauses of the will of Edward E. Powers, which is now before me, and upon a consideration of the briefs submitted upon the reargument, I am satisfied that upon the happening of the death of one of the beneficiaries, to whom a share of the income was, by the terms of the will of Powers, made payable during the life of Adaline W. Turner, as provided for in the tenth clause of the will, the share of the person so dying should thereafter be paid to the legal representatives of the person so dying up to the .time of the death of Adaline W. Turner (Savery agt.…
2Cited by8 opinions
- Matter of Ossman v. . Von RoemerNew York Court of Appeals · 1917
- Kelly v. CaseyNew York Supreme Court · 1891
- Davison v. TamsNew York Supreme Court · 1899
- In re Real Estate Title Insurance & Trust Co.New York Surrogate's Court · 1923
- In re the Estate of DeakenNew York Surrogate's Court · 1932
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