Title Guarantee & Trust Co. v. Humphrey

Martin, J.:

We are asked to construe the provisions of the will of Charles A. Booth, who died in November, 1900, a resident of Missouri. He left a one-half interest in real estate known as Nos. 101-103.East Fifty-ninth street, in the city of New York, which is disposed of-by the terms of his will. Its provisions with respect to this property give rise to this controversy. The real estate was sold in 1902 and part of the proceeds constitutes the fund now held by the trust company.

The will was not probated in New York county until October 25, 1902, about the time of the commencement of an action…