Matter of Ossman v. . Von Roemer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1917, which affirmed a decree of the New York County Surrogate’s Court construing the will of Wilhelm Klumpf, deceased. The facts, so far as material, are stated in the opinion. Susan, the daughter of the testator, did not take a vested interest in the income of the estate. No part of the income could pass to her next of kin.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1917, which affirmed a decree of the New York County Surrogate’s Court construing the will of Wilhelm Klumpf, deceased. The facts, so far as material, are stated in the opinion. Susan, the daughter of the testator, did not take a vested interest in the income of the estate. No part of the income could pass to her next of kin. (Manice v. Manice, 43 N. Y. 385; Delafield v. Shipman, 103 N. Y. 463.) The income from Susan’s share of existing trust estate goes to the next eventual…
1Opinion of the CourtCardozo, J.
This is a proceeding for the construction of a will (Code Civ. Pro. sec. 2615).
The testator gave his residuary estate to trustees upon the following trusts: “ Third. * * * To take, collect and receive the rents, income, issues and profits of the same,” and after the payment of taxes and expenses “ to apply the residue of the same as follows, viz.: To pay over and to apply to the use.of my wife Anna Maria Klumpf, née Emmer, for and during the residue of'her natural life and at the end of each and every year, one third part thereof, and to divide the remaining two-thirds parts thereof equally,…
2Cases cited13 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- Williams v. . JonesNew York Court of Appeals · 1901
- Delafield v. . ShipmanNew York Court of Appeals · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- Matter of KohlerNew York Court of Appeals · 1921
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1923
- Central Union Trust Co. v. TrimbleNew York Court of Appeals · 1930
- In re the Estate of ShupackNew York Surrogate's Court · 1936
32 more not listed; retrieve them via the Exa API.