203 A.D. 692 | N.Y. App. Div. | 1922
Present — Clarke, P. J., Smith, Merrell, Greenbatim and Finch, JJ.
The following is the opinion delivered at Special Term:
At the time of the death of Abraham Bernheimer, which occurred on September 13, 1909, he left him surviving neither issue nor widow. He had, in fact, never married. Of five brothers, Leopold Bernheimer was the only one who survived him, and he died in July, 1920. There also survived him a number of nephews and nieces as well as grandnephews and grandnieces. By the first five articles of bis will he bequeathed $13,000 to certain charities and to bis three executors. By the 6th article he gave to Isabella Hart a life estate in the premises known as No. 322 West Fifty-eighth street, New York city, and by the same article he gave to his three executors in trust an amount which upon being securely invested would produce an estimated net annual income of $5,000, and also the proceeds of the sale of No. 322 West Fifty-eighth street if sold during her lifetime, which annuity he directed should be paid to her during her life. If the amount set aside did not realize annually that income, the deficiency in each year was to be made up out of the principal of the fund. By the 7th article he directed his executors or the survivor of them to sell upon the death of Isabella Hart or before her death, with her consent, the property devised to her for life, and upon his death to sell all the remaining real estate which he might own at that time at either public or private sale. By the 8th article he directed that all the rest, residue and remainder of his estate, of whatever nature, kind and description, which he owned or was possessed of at the time of his death, including therein the proceeds derived from the sale of real estate, should be divided as follows: Thirty thousand dollars among the children living at the time of his death and the living children of any deceased child of his brother Isaac. A like sum to the living children
Kerr v. Dougherty (79 N. Y. 327).— [Rep.