52 N.Y.S. 304 | N.Y. App. Div. | 1898
The only question presented on this appeal is as to the right of the trustees under the will of William Astor, deceased, to commissions upon the real estate, which, under the will, was directed to he held in trust for the benefit of Mary Van Alen until she arrived at the age of tw'enty-one years, when such real estate was to vest in her. The appeal is heard upon the report of the referee. The referee reports that by the 4th article of the will it is provided as follows: “ I give to my executors or trustees a share of my property from improved real estate to be selected aud valued by them at.three hundred thousand dollars, the same to be set apart from my individual estate not specifically disposed of in this will, to have and to hold the same during the minority of Mary Van Alen, daughter
The estate of the executors or trustees in this land thus devised to them for the benefit of Mary Van Alen was commensurate with the trust, bounded as to its duration by the terms of the trust. (Phœnix v. Livingston, 101 N. Y. 451.) The trustees were directed
I think the judgment appealed from was clearly right and should be affirmed, with costs.
Barrett, Patterson and McLaughlin, JJ., concurred.
Judgment affirmed, with costs.