60 N.Y.S. 65 | N.Y. App. Div. | 1899
This was a proceeding for the probate of a paper propounded as the will of Caroline Remsen Gibon, who was a resident of "Westchester county, but died in the city of'New York on June 15, 1898. The will was dated March 1,1898, and was executed by Mrs. Gibon on that day in the office of Mr. Hamilton Odell, by whom it had been drawn pursuant to directions received.by him from the .testatrix both personally and by letter., The instrument was witnessed by Mr. Hamilton Odell and by Mr. James H. Robertson, his managing clerk. Its main features are (1) a gift .of the house and land of the testatrix at Tarrytown, together with the household furniture and appointments, to the husband of the testatrix, William Gihon, and her son by her first marriage, Frederick G. Le Roy, for the life of the husband, and upon the husband’s death absolutely to the son; (2) a bequest of an annuity of $4,000 to the husband tor life, and (3) a bequest of one-half the residuary estate absolutely to her son Frederick* G. Le Roy, and the other half to her executors in trust, to pay the income to Elizabeth' Remsen Le Roy Dale, the daughter of the testatrix, during her life. Upon her death, the principal of this half is bequeathed to the daughter’s children surviving her, in equal shares. If she leave no children, it is bequeathed to the son of the testatrix if he survive his sister, and otherwise to his issue him surviving In case neither the son nor any of his issue survive Mrs. Dale, the half of the residuum in which she is to enjoy a life estate is bequeathed in equal shares to Anna