112 N.Y.S. 155 | N.Y. Sup. Ct. | 1908
This is an action for the construction of a will. The plaintiff seeks to have its provisions declared void as suspending the absolute ownership of the estate for more than two lives in being. It is claimed, on the part of the plaintiff, that by the fourth and fifth paragraphs of the. will, the testator has created a trust in one-third part of his residuary estate in favor of his wife for life, with remainder 'as to one-half thereof to his brother for life, and as to the other half thereof to his sister for life; and with remainder upon the death of either brother or sister to the survivor of them for life, with remainder over to a nephew and niece in fee. It is claimed, too, that by the said paragraphs the testator has created a trust in the other two-thirds of his residuary estate, by which he gives a life estate as to one-half thereof each to his brother and sister, with remainder for life to the survivor of them, with remainder for life to his widow, in case she survived said brother and sister, and with remainder in fee to the nephew and niece before mentioned. If the fair and reasonable construction of the will sustains either or both of said contentions, the provisions are clearly in violation of the statute. The legatees and the trust company, the executor of the will, argue for a different construction. They claim, first, as to the one-third in which a life estate is created in favor
Submit decision in accordance herewith.