Gasquet v. Pollock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Francis J. Gasquet and another, as trustees, etc., under the will of Eveline G. Marshall, deceased, from so much of a judgment of the Supreme Court, entered upon the decision of the court rendered after a trial at Special Term upon the report of a referee, as directs that the plaintiffs as trustees of the trusts created by the will of Eveline G. Marshall, deceased, for the benefit of Marie Marshall and remaindermen, pay over to J. Frederic Kernochan…
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Appeal by the plaintiffs, Francis J. Gasquet and another, as trustees, etc., under the will of Eveline G. Marshall, deceased, from so much of a judgment of the Supreme Court, entered upon the decision of the court rendered after a trial at Special Term upon the report of a referee, as directs that the plaintiffs as trustees of the trusts created by the will of Eveline G. Marshall, deceased, for the benefit of Marie Marshall and remaindermen, pay over to J. Frederic Kernochan as committee of Marie Marshall the total accumulated income in their hands on May 11, 1895, less the commissions, costs…
1Opinion of the Court
Williams, J.:
It will be observed that by the will only the one-thwd share of the estate itself was given, after the death of this daughter, to her children, etc. The income therefrom was directed absolutely to be applied to the use of the daughter. There was no discretion given *514the trustees to apply to her use a part only of the income, nor as much as her needs required, nor as much as, in the judgment of the trustees, she heeded. The whole income was given to the daughter, and she is entitled to have it all. The fair construction of the language used in the will is that the income shall be…
2Cases cited1 opinion
- Leggett v. . PerkinsNew York Court of Appeals · 1849
3Cited by14 opinions
- New York Trust Co. v. BlackAppellate Division of the Supreme Court of the State of New York · 1917
- Hill v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of GeltmanNew York Surrogate's Court · 1949
- In re the Estate of MeyerNew York Surrogate's Court · 1931
- In re the Estate of LazarusNew York Surrogate's Court · 1967
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