171 A.D. 903 | N.Y. App. Div. | 1915
Dissenting Opinion
Laughlin, J. (dissenting):
Benjamin Altman, deceased, by his last will and testament, made bequests to certain employees of the corporation of B. Altman & Company, as follows: “I further give and bequeath to each of the persons who shall be in the employ of the said corporation of B. Altman & Company at the time of my death and who have been in the employ of my firm and said corporation together for a period of twenty years or more, the sum of $3,500; to each of such persons who have been in such employ for eighteen years or more, and less than twenty years, the sum of $1,500, and to each of such persons who have been in such employ for fifteen years or more, and less than eighteen years, the sum of $1,000, provided, however, that pieceworkers shall not be included in these several classes.” The appellants were in the employ of the corporation when Mr. Altman died. One of them entered the employ of the testator as a pieceworker on the 1st day of October, 1894, and continued in his employ in the same capacity until the 35th of September, 1899, when she became a salaried employee and so continued thereafter in his employ and in the employ of said corporation which sue
Lead Opinion
Decree affirmed, with costs, on the opinion of Fowler, S. (reported Matter of Altman, 89 Misc. Rep. 697). Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ.; Laughlin, J., dissented.