In re the Construction of the Will of Upjohn

Appellate Division of the Supreme Court of New York

In re the Construction of the Will of Upjohn

279 A.D. 675, 108 N.Y.S.2d 336, 1951 N.Y. App. Div. LEXIS 3433

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

DecidedNovember 26, 1951

StatusPublished

This text of 279 A.D. 675 (In re the Construction of the Will of Upjohn) 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 Upjohn, 279 A.D. 675, 108 N.Y.S.2d 336, 1951 N.Y. App. Div. LEXIS 3433 (N.Y. Ct. App. 1951).

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Opinion

The case of Matter of Horn (256 N. Y. 294) is to be distinguished generally on its facts. Moreover, it is to be particularly noted inter alia there was not there, as here, an alternate method of distribution. (Matter of Horn, 231 App. Div. 747; Matter of Charles, 200 Misc. 452.) The provisions of the decree construing the language of the will in paragraph Seventh (B) dividing corpus, and directing distribution in accordance with that construction are struck out because this proceeding was exclusively concerned with the income provision of paragraph Seventh (C) of the will. It was an improvident exercise of discretion to charge corpus of trusts, other than the one affected, with the payment of costs and allowances. Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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The case of Matter of Horn (256 N. Y. 294) is to be distinguished generally on its facts. Moreover, it is to be particularly noted inter alia there was not there, as here, an alternate method of distribution. (Matter of Horn, 231 App. Div. 747; Matter of Charles, 200 Misc. 452.) The provisions of the decree construing the language of the will in paragraph Seventh (B) dividing corpus, and directing distribution in accordance with that construction are struck out because this proceeding was exclusively concerned with the income provision of paragraph Seventh (C) of the will. It was an improvident exercise of discretion to charge corpus of trusts, other than the one affected, with the payment of costs and allowances. Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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Bluebook (online)

279 A.D. 675, 108 N.Y.S.2d 336, 1951 N.Y. App. Div. LEXIS 3433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-upjohn-nyappdiv-1951.

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