Legal Opinion

In re Van Wyck

New York Surrogate's Court

Decided April 15, 1920Published

Application for the construction of a will.

1Opinion of the Court

Wingate, S.

The clear intention of the testator, as expressed in the clause of the will, reading: “ If my two sons, Hugh McLaughlin and William M. McLaugh*513lin, predecease my wife, Mary A. Mariott McLaughlin, leaving no issue, then and in that event, I give, devise and bequeath to my said wife my real property in fee simple absolute, and my personal property absolutely, to her and her heirs forever,” is that upon the death of both sons, without issue, during the lifetime of the wife, the trust in her favor should terminate, and there would be a gift over to her of the principal of the trust; but…

2Cases cited1 opinion

  1. In Re the Judicial Settlement of the Estate of MooreNew York Court of Appeals · 1897

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