In re the Estate of Doughty
New York Surrogate's Court
1Opinion of the Court
S. Samuel Di Falco, S.
In this proceeding to settle its account the trustee has presented a complex problem of construction which affects all of the final dispositive provisions of the testator’s will.
*627The testator died in 1906 and left a will pursuant to which the bulk of his estate was left in trust for the life of his daughter Frances D. Lund. Upon her death leaving issue the trust was distributable ‘ ‘ to such issue in such manner that her then surviving children receive, per stirpes and not per capita, the share his or her parent would have been entitled to if then living.” (Italics…
2Cases cited19 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Matter of DurandNew York Court of Appeals · 1928
- Matter of TrevorNew York Court of Appeals · 1924
- In Re the Will of HornerNew York Court of Appeals · 1924
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3Cited by1 opinion
- In re the Estate of JudgeNew York Surrogate's Court · 1967