81 N.Y.S. 965 | N.Y. Sup. Ct. | 1903
Action by executors, etc., to construe a last will and testament. Jennie Schulhoff, testatrix, died on the 27th of October, 189'9, leaving a will and codicil which were duly admitted to probate. After providing for a number of specific bequests the will proceeded as follows: “ Thirteenth; I give and bequeath all the rest and residue of my property to the following-named nephews and nieces, to be distributed in eqnal shares, to wit: Arthur Levis, Irving Levis, Charles Levis, Regina Levis, Leonard Levis, the children of Mrs. Carrie Levis; Ella Oppenheim, James Oppenheim, Ramsay Oppenheim, Robert Oppenheim, Helen Oppenheim,. Doretta Oppenheim, the children of Mrs. Mathilda Oppenheim; Selma Levy, Austin Levy, the children of my sister, formerly known as Johanna Levy. This property, so devised, shall be held by my executrix and executors, invested in first class securities, and the share of each of said children shall be paid only to him or her on reaching the age of twenty-five years, and in case any of said legatees die before reaching the age of twenty-five years then his or her share shall be distributed amongst the survivors on arriving at said age. The income of the property so devised from the time of my death up to the date of distribution shall be paid by my executors to Mrs. Carrie Levis and to Mrs. Mathilda Oppenheim in equal proportions, it being understood that only the share of the principal shall be paid to the said legatees on arriving at the age specified, in which case the income on such amount so paid over shall cease to be paid to Mrs. Carrie Levis and Mrs. Mathilda Oppenheim. Fourteenth. In case of the death of either of said nephews and nieces above mentioned, entitled to share in the distribution of the rest and residue of my property before reaching the age of twenty-five years, leaving issue, then the share to which he or she would be entitled had he or she been living shall in such a case be paid over to such issue in equal proportions, or to the guardian of such children.” The residuary estate consists of both real and personal property. All the said legatees are alive. Two of them having arrived at the age of twenty-five years have demanded of the executors the payment of their legacies, and the executors being in doubt as to the legality and proper construction of said provisions of the will have brought this action. Though inartificially drawn the scheme of the will is clear. The executors were created trustees, in whom were vested thir-
Settle decision and award judgment upon notice.
Costs are awarded to all parties who have appeared, and answered, payable out of the estate.
- Judgment accordingly.