In re Wood
New York Surrogate's Court
This was a judicial settlement of the account of Joseph L. R. Wood and Fernando Wood, as executors of decedent’s will. Two questions were raised by the account, viz.: ■ 1st. Whether the widow of the testator was entitled to an income out of the personalty of the estate, of $3,000 a year from testator’s death, and until the ascertainment and payment over of one fourth of the residuary estate to the trustee named in the will. 2nd.
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This was a judicial settlement of the account of Joseph L. R. Wood and Fernando Wood, as executors of decedent’s will. Two questions were raised by the account, viz.: ■ 1st. Whether the widow of the testator was entitled to an income out of the personalty of the estate, of $3,000 a year from testator’s death, and until the ascertainment and payment over of one fourth of the residuary estate to the trustee named in the will. 2nd. Whether the executors should pay to the trustee of Albinia Baldwin interest on $é, 000 from the date of testator’s death. Portions of the will relevant to these…
1Opinion of the Court
The Surrogate.
The testator directed, in the second clause of his will, that his executors should pay over and advance to his wife “a sufficient sum per annum to make up to her an income of $3,000.” These advances were to be continued until a certain residuary interest, given in trust for her benefit, should be ascertained and realized.
It seems to me, viewing the will as a whole, that the *566testator could not have intended that in “making up” this annual sum of $3, OOOJ there should be taken into account any income, which, apart from that furnished her by the will might come to his widow. I…
2Cited by1 opinion
- Lyon v. Industrial School Ass'nNew York Supreme Court · 1889