86 N.Y.S. 604 | N.Y. Sup. Ct. | 1903
This action is brought for a judicial construction of the will of David Stewart Denison, a resident of the city of New York, who died without issue, leaving a widow, a brother, John M. Denison, a sister, Maryi L. Russell, and the children of a deceased sister. At the time o of testator’s death both his brother, John M. Denison, and his sister, Mary L. Russell, had living children and .grandchildren. By the fourth clause of his will, as amended by a codicil, he directs his executor to set apart and hold so much of his estate as will be sufficient to provide an annuity of $10,000 for his wife during her life. It is conceded that this will require the executor to hold the entire- estate for this purpose. The controversy arises over the seventh clause of the will, which undertakes to dispose of the residu
Judgment accordingly.