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In re the Construction of the Will of Smith

275 A.D.2d 720
Appellate Division of the Supreme Court of the State of New York·Decided March 21, 1949·Published

Opinion

In our opinion the resettled decree construing the “ Fifth ” paragraph of the will as vesting the residuary estate in James S. Smith, subject to and charged with the payment of the reasonable, proper and comfortable support, maintenance and care of testator’s son, Fenton G. Smith, is in conformity with the intent of the testator as expressed in the will (Matter of Forde, 286 N. Y. 125, 128; Meeks v. Meeks, 161 N. Y. 66, 70; Fell v. McCready, 236 App. Div. 390, 395, affd. 263 N. Y. 602; Matter of Nelson, 268 N. Y. 255, 258); and that the amount of such cost of support so to be charged may properly be determined by trial before the Surrogate, as directed by the decree. (Surrogate’s Ct. Act, § 40; Matter of Buehler, 186 Misc. 306, 309, affd. 272 App. Div. 757, same case 274 App. Div. 770.) Present — Carswell, Acting P. J., Johnston, Adel, Sneed and MacCrate, JJ.

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In re the Construction of the Will of Smith, 275 A.D.2d 720 (N.Y. Ct. App. 1949).

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Meeks v. . Meeks
55 N.E. 278 (New York Court of Appeals, 1899)
Fell v. McCready
189 N.E. 718 (New York Court of Appeals, 1933)
In Re the Will of Forde
36 N.E.2d 79 (New York Court of Appeals, 1941)
In Re the Accounting of Chase National Bank
197 N.E. 272 (New York Court of Appeals, 1935)
Fell v. McCready
236 A.D. 390 (Appellate Division of the Supreme Court of New York, 1932)
Siener v. McKesson
274 A.D. 770 (Appellate Division of the Supreme Court of New York, 1948)
In re the Estate of Buehler
186 Misc. 306 (New York Surrogate's Court, 1945)