158 N.Y.S. 413 | N.Y. App. Div. | 1916
The testator, dying in 1875, gave by will to his daughters annuities charged on his estate, declared inalienable during several lives, and his property, subject thereto, in trust to apply the income to the education, support and maintenance of his sons John and Samuel during their lives, and added: “And on their deaths the same shall belong and descend (the real Estate in fee) subject as aforesaid to their heirs and descendants — and if none, then to my heirs at law, and in
The interlocutory judgment, modified in conformity herewith, should be affirmed, without costs to any of the parties.
Jenks, P. J., Mills, Rich and Putnam, JJ., concurred.
Interlocutory judgment modified in accordance with opinion, and as modified affirmed, without costs to any of the parties.
See 92 Misc. Rep. 390.— [Rep.