Matter of Tienken
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 3, 1891, which reversed a decree of the surrogate of the county of Kings which overruled certain objections to the account of the executors of Henry Tienken, deceased. The testator, Henry Tienten, died leaving a will and codicil thereto, and survived by a widow and four children.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 3, 1891, which reversed a decree of the surrogate of the county of Kings which overruled certain objections to the account of the executors of Henry Tienken, deceased. The testator, Henry Tienten, died leaving a will and codicil thereto, and survived by a widow and four children. Subsequently Henry M. Tienten, one of said children, died, leaving a widow and no issue. By his will and codicil thereto he devised and bequeathed his interest in his father’s estate to…
1Opinion of the CourtFinch, J.
The fundamental question upon which the construction of this will turns is whether an estate in remainder vested in the children of the testator at his death, or in such of them as should survive the death of the widow and consequent termination of the trust. The general scheme of the will contemplated two essential results; a provision for the widow during her life through the operation of a trust securing income for her support, and, subject to that, a gift of all the property to the testator’s children; but the details of that general plan have been formulated in the terms of the will with…
2Cases cited5 opinions
- Goebel v. . WolfNew York Court of Appeals · 1889
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Cooke v. . PlattNew York Court of Appeals · 1885
3Cited by56 opinions
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- Cammann v. . BaileyNew York Court of Appeals · 1913
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Washbon v. . CopeNew York Court of Appeals · 1895
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