282 A.D. 1100 | N.Y. App. Div. | 1953
— Appeal from a decree of the Surrogate’s Court, Broome County. The testatrix Mary Rebecca Hyde in her will created a trust for the benefit of her sister Jane Brewster Hyde during her lifetime and stated that “Upon the death of my said beloved sister Jane Brewster Hyde, I give, devise and bequeath unto the following persons, the following amounts, to wit: * * * D. All the rest, residue and remainder of my estate I give, devise and bequeath equally among the following legatees, share and share alike * * * George P. Wadsworth, of Binghamton, N. Y. * * * Should said * * * George P. Wadsworth * * * die prior to the death of my said sister, Jane Brewster Hyde, I give, devise and bequeath the share which would otherwise vest in such legatee unto the heirs at law of such deceased legatee.” George