Montanye v. Montanye
Appellate Division of the Supreme Court of the State of New York
Submission of controversy on an agreed statement of facts between William 0. Montanye, administrator of the estate of Carrie M. Jelliff, deceased, and George Edward Montanye and others, trustees under the will of William H. Montanye, deceased. Judgment in favor of plaintiff.
1Opinion of the CourtIngraham, J.
The question submitted here depends upon the construction to be given to the sixth clause of the will of William H. Montanye, deceased. By that clause the testator vests the residue of his estate in his executors in trust, which trust is to continue during the lifetime of his wife,—the trustees to receive the rents, issues, and profits; and, after paying the expenses of administration, the testator directs to be paid, from such rents, issues, and profits, certain sums to his widow and children. The provision as to his daughter Carrie, the plaintiff’s intestate, is as follows:
“And to my…
2Cases cited1 opinion
- Kelly v. CaseyNew York Supreme Court · 1891
3Cited by3 opinions
- Goodyear Shoe Machinery Co. v. DancelCourt of Appeals for the Second Circuit · 1902
- Union National Bank v. HunterCalifornia Court of Appeal · 1949
- Davy v. StewartAppellate Division of the Supreme Court of the State of New York · 1898