Legal Opinion

In re the Estate of Kessler

New York Surrogate's Court

Decided May 21, 1958PublishedCited by 1 opinion

1Opinion of the Court

Joseph A. Cox, S.

The testator left his residuary estate in trust for a term measured by the lives of the two youngest of his children or grandchildren living at his death. He directed his trustees to pay the income in equal shares per capita and not per stirpes to his children and his grandchildren, including grandchildren born during the trust term. The testator provided that if any beneficiary should die during the trust term his interest in both the income and principal should lapse entirely and “ said income and principal ” should be paid to the children and grandchildren surviving at the…

2Cases cited2 opinions

  1. Schermerhorn v. . CottingNew York Court of Appeals · 1892
  2. In re the Construction of the Will of UtardNew York Surrogate's Court · 1955

3Cited by1 opinion

  1. In re the Estate of van HogendorpNew York Surrogate's Court · 1962

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