Leach v. . Godwin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1908, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The testator’s intention must be ascertained from the will itself.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1908, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The testator’s intention must be ascertained from the will itself. (Wells v. Wells, 88 N. Y. 323; Schermerhorn v. Cotting, 131 N. Y. 48; Locke v. F. L. & T. Co., 140 N. Y. 135; Vanderpoel v. Loew, 112 N. Y. 167.) The Appellate…
1DissentHaight, J.
The principal purpose of the testator as shown by his will was to provide an income for his wife and daughter during their lives severally, and to provide support, education and maintenance for his grandson during his life or until he should attain the age of twenty-six years.
If we treat the fund provided in said paragraph of the will as divisible into three separate and independent trusts, the onetliird part thereof for the benefit of the testator’s wife should be held during her life and then subdivided into two parts, one each for the benefit of the testator’s daughter and grandchild. In…
2Cases cited2 opinions
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Iron National Bank v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899