In re the Construction of the Will of Gulbenkian

Appellate Division of the Supreme Court of New York

In re the Construction of the Will of Gulbenkian

10 A.D.2d 579, 196 N.Y.S.2d 610, 1960 N.Y. App. Div. LEXIS 12169

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 18, 1960

StatusPublished

This text of 10 A.D.2d 579 (In re the Construction of the Will of Gulbenkian) 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.

Bluebook

In re the Construction of the Will of Gulbenkian, 10 A.D.2d 579, 196 N.Y.S.2d 610, 1960 N.Y. App. Div. LEXIS 12169 (N.Y. Ct. App. 1960).

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Opinion

Appeals from so much of a decree of the Surrogate’s Court, Westchester County, as construes article Fifth of the will of Gullabi Gulbenkian. [580]*580That article created a trust for the benefit of the testator’s wife for her life and then provided: “I give and bequeath the remainder of said trust fund, upon her death; to my brothers, Badrig Gulbenkian and Harutune Gulbenkian, in equal shares and their several descendants per stirpes.” The named brothers survived the testator, leaving issue, but predeceased the life tenant. The Surrogate determined that the gifts of the remainder interest to the testator’s brothers vested absolutely in them at the date of the testator’s death, that there were no substitutionary gifts over in favor of their respective descendants per stirpes, and that said remainder interest is payable in equal shares to the respective representatives of the estates of the testator’s brothers. Decree insofar as appealed from unanimously affirmed, with costs to all parties filing separate briefs, payable out of the estate. No opinion. Present — Nolan, P. J., Beldock, Ughetta and Kleinfeld, JJ. [16 Misc 2d 1054.]

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Appeals from so much of a decree of the Surrogate’s Court, Westchester County, as construes article Fifth of the will of Gullabi Gulbenkian. [580]*580That article created a trust for the benefit of the testator’s wife for her life and then provided: “I give and bequeath the remainder of said trust fund, upon her death; to my brothers, Badrig Gulbenkian and Harutune Gulbenkian, in equal shares and their several descendants per stirpes.” The named brothers survived the testator, leaving issue, but predeceased the life tenant. The Surrogate determined that the gifts of the remainder interest to the testator’s brothers vested absolutely in them at the date of the testator’s death, that there were no substitutionary gifts over in favor of their respective descendants per stirpes, and that said remainder interest is payable in equal shares to the respective representatives of the estates of the testator’s brothers. Decree insofar as appealed from unanimously affirmed, with costs to all parties filing separate briefs, payable out of the estate. No opinion. Present — Nolan, P. J., Beldock, Ughetta and Kleinfeld, JJ. [16 Misc 2d 1054.]

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Bluebook (online)

10 A.D.2d 579, 196 N.Y.S.2d 610, 1960 N.Y. App. Div. LEXIS 12169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-gulbenkian-nyappdiv-1960.

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