115 Misc. 663 | N.Y. Sup. Ct. | 1915
The controversy relates to the disposal of a trust fund now in the hands of the plain-, tiff for distribution, pursuant to a deed of trust made by Rhoda E. Hoyt, the operative provisions of the instrument being as follows: “ To have and to hold said property to the party of the second part, its successors and assigns, in trust, however, for the following uses and purposes, namely, tq hold, manage, invest and reinvest the same; to collect and receive the interest, income and profits thereof, and after deducting all proper charges and expenses, to apply the said interest, income and profits to the personal support, maintenance and comfort of my son, Reuben M. Hoyt, for and during his natural life, free from any liabilities or debts created by him, and upon the death of my said son, Reuben M. Hoyt, to divide the principal of said trust fund or the securities in which it may then be invested into as many equal shares as there shall be children of my said son, Reuben M. Hoyt, then living, and to pay over to each of said children of my son, Reuben M. Hoyt, one equal share or portion of said principal. In the event that any of the children of my son, Reuben M.- Hoyt, shall have died before the time of the distribution of the principal as above provided for, leaving a child or children him cr her surviving, such child or children shall take the share or portion of its or their deceased parent and in equal shares if more than one. In case there shall be no issue of my son, Reuben M. Hoyt, living at the time of the disposition of the principal as above provided for, then the said principal shall be paid over to and among the persons who are then next of kin of my son, Reuben M. Hoyt, in the man
Judgment accordingly.