In re Construction of the Will of Manning

Appellate Division of the Supreme Court of New York

In re Construction of the Will of Manning

227 A.D. 644

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1929·Published

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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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.]

In re Construction of the Will of Manning, 227 A.D. 644 (N.Y. Ct. App. 1929).

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Opinion

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