Tweddell v. New York Life Insurance & Trust Co.
New York Supreme Court
Submission, without action, of a controversy between Emma 0. "Tweddell, plaintiff,-and the Hew York Life Insurance & Trust Oom: ,pany and Charles H. Coffin, defendants, on an agreed statement of facts. Judgment for plaintiff. The following facts are submitted by both parties: “Emma S. Clark, the -aunt of the plaintiff, departed this life, being a resident of Suffolk county, New.
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Submission, without action, of a controversy between Emma 0. "Tweddell, plaintiff,-and the Hew York Life Insurance & Trust Oom: ,pany and Charles H. Coffin, defendants, on an agreed statement of facts. Judgment for plaintiff. The following facts are submitted by both parties: “Emma S. Clark, the -aunt of the plaintiff, departed this life, being a resident of Suffolk county, New. York, in the year 1889, leaving a last will and testament, which was ■thereafter duly admitted to probate by the surrogate of said county. Said will was in the words following, viz.: T, Emma Sarah Clark, of Setauket,…
1Opinion of the CourtO’Brien, J.
The validity of the trust, as shown by the questions submitted, is not presented, except as to the accumulated income. But it is argued that inasmuch as the remainder over to the-plaintiff’s children, provided by the fourth clause of the will, is repugnant to the absolute bequest in the third, the former is wholly void, and there is no valid remainder bequeathed; and from this-the conclusion is sought to be derived that, as there is no remainder, the accumulation is wholly for the benefit of the plaintiff, who. was an infant at the death of the testator; that she is to receive the income of…
2Cases cited2 opinions
- Pray v. . HegemanNew York Court of Appeals · 1883
- Barbour v. . De ForestNew York Court of Appeals · 1884
3Cited by3 opinions
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Account of Proceedings of ZieglerNew York Surrogate's Court · 1913
- In re the Judicial Settlement Under the Last Will & Testament of HarteauNew York Surrogate's Court · 1907