In re the Estate of Messner

Decree appealed from affirmed, with $50 costs and disbursements to both parties payable out of the estate. Concur — Breitel, J. P., McNally and Capozzoli, JJ.; Stevens and Steuer, JJ., dissent and vote to modify in a dissenting memorandum by Stevens, J. I dissent and vote to modify the decree appealed from so as to eliminate all payments prior to the delivery of the policy. The general rule is that an annuity commences at the date of the testator’s death unless the will provides otherwise (Kearney v. Cruikshank, 117 N. Y. 95, 100). The Surrogate applied the general rule. With that…