In re Construction of the Will of Manning
This text of 227 A.D. 644 (In re Construction of the Will of Manning) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Decree affirmed, with costs to all parties filing briefs, payable out of the estate. Van Kirk, P. J., Hinman, Whitmyer and Hill, JJ., concur; Hasbrouck, J., dissents on the ground that the will expresses the intention of the testatrix and that the will eliminating the void provisions attempting to create a trust, and the introductory words of paragraph 19, viz., “ at the end of five years ” has the effect merely of advancing the time of payment. The intention clearly appears in the valid portion of paragraph 19 to divide “ all moneys or stocks,” the whole estate, according to the per stirpes provisions 5 and 6. The last expression of the testatrix should prevail. [133 Misc. 695.]
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227 A.D. 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-construction-of-the-will-of-manning-nyappdiv-1929.