Fisher v. Lister

The court is of the opinion that under the authority of Matter of Durand (194 N. Y. 477, 488), and Matter of Seymour (239 id. 259), the validity of the testamentary provision for the appellant corporation must be determined as of the date of the death of the testatrix and not as of the date of the death of the life tenant, and that, so determined, section 17 of the Decedent Estate Law was not violated. For the reasons stated by the trial justice we think the appellant corporation cannot take what was intended by the testatrix for the Amherst Rebecca Lodge, No. 401, of Lake George. (See 130…