121 N.Y.S. 779 | N.Y. App. Div. | 1910
The last will and testament of Elbert Powell was admitted to probate by the Surrogate’s Court of ISTassau county on the 15th day of September, 1909, After directing the. payment of his just debts and funeral expenses, that his name and age be inscribed on the monument in Bethpage Cemetery, and that a suitable marker be procured and erected at his grave, he gives all the rest, residue and remainder of his estate, real and personal, to his executors in trust: “ To convert all of my estate, real and personal, into cash, and. deposit the same in several substantial Savings Banks, and to pay the net income received therefrom unto my niece, Margaret E. Bumstead, for and during the term of her natural life, semi-annually as received by them, but in no event shall she have any part of the principal sum, nor shall she have any power of disposition of said principal.” The will further provides: “Fourth. After the death of said Margaret E. Bumstead I give, devise and bequeath unto my nephew, G-eorge F. Powell, * * * the sum of Five hundred ($500.00) Dollars. Fifth. Then also I give, devise and bequeath unto my nephew, John Oliver Powell, * * * the sum of Five hundred ($500.00) Dollars.” By the 6th, 7th, 8th, 9th, 10th and 11th clauses of liis will testator gives to other nephews and nieces and to a grandnephew the sum of $500 each. The words of disposition in the 6th to 11th clauses, inclusive, are identical with those in the 5th clause above quoted. The language of the 12th clause of the will is as follows: “After the payment of the above legacies, I give, devise and bequeath one-half of all the rest, ■ residue and remainder of my said estate unto the Trustees of the Plain Edge Methodist Episcopal Church, * * * which I direct shall be deposited and kept in some safe savings bank or banks, and the income, interest or dividends which may be earned thereon shall be used to pay the salary of the Minister, who shall preach the Gospel in said Church, from year to year forever, so long as it shall be used as a Methodist Episcopal Church, but no part of said money shall be used to repair or rebuild said church building or for any purpose except as above. The other one-half of the residue of my said estate I give, devise and bequeath unto the Trustees of the Farmingdale Methodist Episcopal Church, * * * which I direct shall be deposited and kept in some safe sayings bank or banks, and
So much of the order or decree of the Surrogate’s .Court of. Nassau county as is appealed from should be affirmed, with, costs.
IIirschberg, P. J., Woodward, Jenks- and Thomas, JJ., concurred.
Decree of the Surrogate’s Court of Nassau county, in so far as appealed from, affirmed, with costs. .