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In re the Accounting of the Farmers' Loan & Trust Co.

221 N.Y. 620 Court N.Y. Decision date 1917-07-11 English

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p. 620
In the Matter of the Accounting of the Farmers’ Loan and Trust Company, as Trustee under the Will of Valentine Mott, Deceased, Respondent. Kate W. R. Blacque, Individually and as Executrix of Valentine A. Blacque, Appellant; Lillie C. Boyd, Individually and as Executrix of Fannie M. Campbell, Deceased, et al., Respondents.
(Argued June 13, 1917;
decided July 11, 1917.)

Headnote

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 30,1917, which affirmed a decree of the New York County Surrogate’s Court construing the will of Valentine Mott, deceased. Testator by his will after providing for two trust funds, the income of which should be payable respectively to two grandchildren during his or her life, provided: “Upon the death of either I give, devise and bequeath his or her share to his or her issue if any, if there be no issue, then to my surviving children and the issue of those deceased.” One of the grandchildren had issue which predeceased him. Upon his death his widow claimed the trust fund as sole inheritrix of the deceased child. The question presented was whether
p. 621
the gift to the issue of the cestui que trust should be limited to issue which survived him.
Howard Taylor and Stephen P. Nash for appellant.
Frederick Getter and Frederic B. Keator for Farmers’ Loan and Trust Company, as trustee, respondent.
Merritt Bishop and Verne M. Bovie for Lillie C. Boyd, individually and as executrix, respondent.
Charles F. Lydecker for Valentine Mott et al., respondents.
Henry A. Uterhart for Fannie Van Schaick, respondent.
John H. Bogardus and Robert W. Candler for Isaac Bell et al., respondents.
Daniel D. Sherman and Henry W. Jessup for Virginia L. Meert et al., respondents.
Henry Gansevoort Sanford for Valentine Mott et al., respondents.
Charles M. Bleecker for Mary D. Caroline, respondent.
W. E. Kisselburgh, Jr., for J. V. Mott, respondent.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cuddeback, Hogan, Cardozo, Pound, Crane and Andrews, JJ.