In re the Construction of the Will of Powers

Appellate Division of the Supreme Court of New York

In re the Construction of the Will of Powers

278 A.D. 638, 103 N.Y.S.2d 122, 1951 N.Y. App. Div. LEXIS 4181

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

DecidedFebruary 20, 1951

StatusPublished

Cited by1 cases

This text of 278 A.D. 638 (In re the Construction of the Will of Powers) 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 Powers, 278 A.D. 638, 103 N.Y.S.2d 122, 1951 N.Y. App. Div. LEXIS 4181 (N.Y. Ct. App. 1951).

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Opinion

— We agree with the Surrogate that the condition of the legacy was that the legatees should survive the normal period of estate administration, but then interpret the will as vesting any share which lapses by reason of the death of a legatee prior thereto in the remaining legatees without requiring their [639]*639surviving the period of distribution. The result, however, is the same as if such survival were required, as all of the remaining legatees have so survived. Decree, so far as appealed from, unanimously affirmed, with costs to all parties appearing herein and filing briefs, payable out of the estate. Present — Peek, P. J., Glennon, Cohn, Callahan and Shientag, JJ.

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— We agree with the Surrogate that the condition of the legacy was that the legatees should survive the normal period of estate administration, but then interpret the will as vesting any share which lapses by reason of the death of a legatee prior thereto in the remaining legatees without requiring their [639]*639surviving the period of distribution. The result, however, is the same as if such survival were required, as all of the remaining legatees have so survived. Decree, so far as appealed from, unanimously affirmed, with costs to all parties appearing herein and filing briefs, payable out of the estate. Present — Peek, P. J., Glennon, Cohn, Callahan and Shientag, JJ.

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278 A.D. 638, 103 N.Y.S.2d 122, 1951 N.Y. App. Div. LEXIS 4181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-powers-nyappdiv-1951.

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