80 A.D. 63 | N.Y. App. Div. | 1903
This action was brought by the executor and trustee for the construction of certain portions of the will of the deceased. That portion of the will which was presented to the court for construction related to both real and personal property and was as follows: “ I hereby give, devise and bequeath all the rest, residue and remainder of my estate of whatsoever kind or nature and wheresoever situate, unto my executor hereinafter named in trust, nevertheless, as trustee, for the uses and purposes following: (a) To collect the rents, issues and profits thereof, and hold the same on deposit in savings banks for the period of three years after my decease, (b) After the lapse of said three years to sell and reduce the whole of my estate of whatsoever kind or nature to cash, and thereupon hold the proceeds of such estate on deposit in savings banks, and divide the same into four equal parts and pay over the same in the manner and to the beneficiaries following, to wit: (1) To my son, John Thomas McGuire, one equal undivided fourth part or share thereof in equal monthly installments of twenty-five dollars each for and during his natural life; remainder to his daughter Estella, her heirs and assigns absolutely and forever, and if she fail to survive, then this bequest shall become part of the shares or share of my children him surviving. (2) To my daughter, Anna Theresa Howley, one equal undivided one-fourth part or share thereof in equal monthly installments of twenty-five dollars each for and during her natural life; remainder to her daughter Isabella, her heirs and assigns absolutely and forever ; and if she fail to survive, then this bequest shall become part of the shares or share of my children her surviving. (3) To my daughter, Mary Lillian McGuire, one equal undivided one-fourth part or share thereof in equal monthly installments of twenty-five dollars each for and during her natural life; remainder to become a part of the shares or share of my children her surviving. (4) To my daughter, Margaretta McGuire, one equal undivided one-fourth part or share thereof in equal monthly installments of twenty-five dollars each for and during her natural life; remainder to become part of the shares or share oí my children her surviving.”
It follows that the judgment should be modified by declaring the
Van Brunt, P. J., O’Brien, Ingraham and McLaughlin, JJ., concurred
Judgment modified as directed in opinion, with costs to all parties payable out of the estate.