1 Mills Surr. 143 | N.Y. Sur. Ct. | 1899
This is one of the undecided matters of Judge Arnold. Decedent gave his entire estate to his executors in trust, to pay his wife the income thereof during her life or during her widowhood. Then follows this clause: “ I further direct that in case of her death or in case she should marry, then I direct my said executors hereinafter named to divide my said estate, real and personal, into five equal parts or shares and that the same he paid over to my children as follows: To my daughter Ann Jane, one-fifth part; to my son John Joseph, one-fifth part; to my daughter Mary Cecelia, one-fifth part; to my daughter Margaret, one-fifth part; to my son Robert Lawrence, one-fifth part; my intention being to give each of my said children share and share alike.” The wife and all of the children
Decreed accordingly.