In re Lehman
Appellate Division of the Supreme Court of the State of New York
Appeal by. Moses Weil and another, as executors, etc., of Abraham Ostheim, deceased, from an order of the Surrogate’s Court of the county of New York, entered- in said Surrogate’s Court on the 10th day of October, 1895, directing said executors to pay over to the guardian of an infant legatee twenty-five dollars per month during the next ensuing three years for the support and maintenance of the infant.
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Appeal by. Moses Weil and another, as executors, etc., of Abraham Ostheim, deceased, from an order of the Surrogate’s Court of the county of New York, entered- in said Surrogate’s Court on the 10th day of October, 1895, directing said executors to pay over to the guardian of an infant legatee twenty-five dollars per month during the next ensuing three years for the support and maintenance of the infant. The payment was directed to be made from the income accumulated and to be accumulated from a legacy of $5,000, given to the infant by the testator under the tenth clause of his will, which…
1Opinion of the Court
Barrett, J.:
The gift here of $5,000 is absolute. The sum is to be paid to the legatee when she attains her majority. But the legacy vests upon the death of the testator, though payment is postponed. (Bushnell v. Carpenter, 92 N. Y. 270.) The vesting is not affected by the provision that it is ultimately to be paid with interest. It was held in Smith v. Parsons (146 N. Y. 116) that an accumulation of interest, payable to a legatee at majority, vested at once, and upon the legatee’s death during her minority, passed to her personal representatives. The intention of the testator here was not to…
2Cases cited2 opinions
- Bushnell v. . CarpenterNew York Court of Appeals · 1883
- Smith v. . ParsonsNew York Court of Appeals · 1895
3Cited by2 opinions
- In re WagnerAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Compulsory Account of MaleyNew York Surrogate's Court · 1911