In re the Probate of the Last Will & Testament & Codicils of Arensberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Milton L. Arensberg, an heir at law of Lipman Arensberg, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 7th day of December, 1906, admitting tó probate the last will and testament of Lipman Arensberg, deceased.
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Appeal by the contestant, Milton L. Arensberg, an heir at law of Lipman Arensberg, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 7th day of December, 1906, admitting tó probate the last will and testament of Lipman Arensberg, deceased. The will devised the residue of the testator’s property, real and personal, to his executors in trust.to hold during the minority of a son' or until his death, and to pay a portion of the income to a daughter and apply the balance to satisfy the decedent’s debts, including mortgages. On the…
1Opinion of the Court
Jenks, J.:
I think 'that the main, intent of the testator was to divide his estate equally among his children and the issue of any predeceased child per stirpes. The trusts' provided for during the minority of his child Sydney were plainly created because'of his minority and . were but incidental ■ to the division, which was only. postponed because the second trust required it. As Sydney attained’ his majority during the life of the testator the provisions for the trusts became inoperative and the main disposition by the - residuary clause became at once operative. For that disposition could…
2Cases cited6 opinions
- Williams v. . JonesNew York Court of Appeals · 1901
- Roosa v. . HarringtonNew York Court of Appeals · 1902
- Weeks v. . CornwellNew York Court of Appeals · 1887
- In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888
- McLean v. . FreemanNew York Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Judicial Construction of the Last Will & Testament of KnappAppellate Division of the Supreme Court of the State of New York · 1923
- Turco v. TrimboliAppellate Division of the Supreme Court of the State of New York · 1912