103 Misc. 301 | N.Y. Sup. Ct. | 1918
This action was brought for the construction of the “ fourth ” clause of the second codicil of the will of Sarah Ann March. The will of Sarah Ann March bears date May 16, 1850; the first codicil. February 4, 1856, and the second codicil, June 9, 1859. The testatrix died November 25, 1860, leaving her surviving three sons, two daughters and the children of a son who predeceased her. The three sons died before the death of each of their sisters and left no issue. The daughters of the testatrix were Louisa March, who died October 11, 1887, unmarried, and Lucy D. Sheafe, who died on May 25, 1916, a widow, leaving no issue. Louisa left a last will and testament, in which the defendant Beck was named as executor, and Lucy D. Sheafe left a will in which the defendant Krans was named as executor. The remaining defendants are Florence March Turner, Louisa March Allen, George Stanley St. Ament and Marguerite St. Ament, all of whom are the grandchildren of Thomas Henry March, the son of the testatrix who had predeceased her. The “ fourth ” clause in question reads as follows : “ Upon the decease of either or both of my said daughters, I give and devise and bequeath her or their share or shares in my estate to my sons Clement Dudley, Francis William and Edward Dudley, to be equally divided between them, share and share alike, if all be then living, but if either of my' sons be dead at the time of the death of either or both of my said daughters, then I give the share to which the son or sons so dying would have been entitled to if living, to
Judgment accordingly.