Kenyon v. . See
New York Court of Appeals
Appeal by William E. Kenyon from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a decree of the surrogate of Westchester county, upon the accounting of the executors of the will of John Milderberger, deceased. (Reported below, 29 Hun, 212.) The testator died in 1871 leaving real and personal property. The material provisions of his will are as follows: “ Sixth.
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Appeal by William E. Kenyon from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a decree of the surrogate of Westchester county, upon the accounting of the executors of the will of John Milderberger, deceased. (Reported below, 29 Hun, 212.) The testator died in 1871 leaving real and personal property. The material provisions of his will are as follows: “ Sixth. After my death, I hereby order and direct my executors hereinafter named to invest all the rest, residue and remainder of my real and…
1Opinion of the CourtAndrews, J.
Seymour H. Spencer took no vested estate or interest in the principal or income of the fund given in trust to Selden M. Spencer by the eighth clause of the will of the testator, John Milderbei'ger. The right to either was conditional. He was entitled to the income only upon and from his renunciation' of the Eoman Catholic priesthood, and to the principal only upon his marriage. The conditions were precedent, and, until performance, he took no interest, legal or equitable, in the fund. The tenth clause makes an alternative gift of the trust estate to Selden M. upon his marriage, in case of the…
2Cited by20 opinions
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- Verdier v. RoachCalifornia Supreme Court · 1892
- Bunting v. SpeekSupreme Court of Kansas · 1889
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