127 A.D. 656 | N.Y. App. Div. | 1908
•Under the will of Catharine Ann Ten Eyck, so far as material to be considered, testatrix gave her residuary estate to plaintiff in trust to invest and pay over the net income during life to -Mary E. Shaw, and in trust upon the decease of Mary E. Shaw to “ dispose of, convey and pass over all and singular the said trust estate, or so much thereof • as may then remain and be held upon the trusts' herein declared, to such person or persons, and in such manner as she, the said Mary E. Shaw, shall have directed and appointed by any last will and testament duly executed by her, and in default of'such will, or as to any of the trust property not disposed of by such will, upon the further trust to convey, pass over and distribute the said trust estate, or so much thereof as may then remain to the same person or persons, and in the same shares and proportions as the laws of the State of New York Would designate, appoint and regulate had I then died intestate, and to his, her or their respective heirs, executors, administrators and-assigns forever.” Catharine Ami Ten Eyck died leaving certain of the defendants who. Would come within the clause to take in case of Mary- E. Shaw’s failure to exercise the power of appointment given her and hereinabove quoted, and to whom the former gave life legacies under her will. The plaintiff, as trustee, received from the executors of Catharine. Ann Ten Eyck both personal and real property. Mary -E. Shaw died about March 10, 1905,, leaving her last will and testament Under which plaintiff ■ was appointed ' executor, and which was admitted to probate in New; York county, and under which plaintiff- has qualified. She owned no real property and her personal property was less in amount than debts due
Laws of 1896, chap. 547.—[Rep.
Amdg. Gen. Corp. Law (Laws of 1893, chap. 687), § 18.— [Rep.