In re the Judicial Settlement of the Account of Proceedings of Bogert

220 A.D. 805 | N.Y. App. Div. | 1927

Decree, so far as appealed from, reversed, with costs and disbursements to the appellant payable out of the estate, and matter remitted to the Surrogate’s Court to enter a decree in accordance with the decision, on the ground that the gift over to the children of Peter and George William upon the death of Mary Eliza was a gift to a class and that the members of the class take per capita. All concur. Present — Hubbs, P. J., Clark, Sears, Crouch and Taylor, JJ.