72 Misc. 225 | N.Y. Sup. Ct. | 1911
By his will Patrick A. Fogarty, deceased, left all his property, real and personal, to his executors intrust to sell and convert it into money, to collect the rents and income and apply the same to the support of the testator’s children, in equal parts, during their minorities. As each child came of age it was to receive its equal share of the corpus of the estate. Thus the direction concerning the application of the rents and income was limited to the minorities of the respective children. I think that the authority of the trustees to collect the rents and income was likewise limited by implication to the same period. Manice v. Manice, 43 N. Y. 303, 362-364. As each child came of age he was entitled to receive his share of the estate, and as the real property had not keen turned into money an undivided share therein vested in each'child as he came of age, and he became a tenant in common with the trustees and such of his brothers and sisters as had likewise attained their majorities, and was entitled to collect his own share of the rents in his own right. The right of the trustees to collect the rents, being thus
Ordered accordingly.