In re People's Trust Co. — 237 N.Y. 578

Majority

p. 578

In the Matter of the Petition of The People’s Trust Company, as Substituted Trustee under the Will of Oran S. Baldwin, Deceased. Mary H. B. Keeling et al., Appellants; Marshall D. Baldwin et al., Respondents.

Headnote

Will — construction — distribution of fund set apart to secure payment of annuity.

Matter of People’s Trust Co., 206 App. Div. 710 , affirmed.

(Argued January 9, 1924;

decided February 19, 1924.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial

p. 579

department, entered May 11, 1923, which affirmed a decree of the Kings County Surrogate’s Court construing the will of Oran S. Baldwin, deceased, and directing distribution of a special fund held separate and apart from the residuary estate of the decedent for the purpose of securing an annuity for the benefit of a daughter of the testator, now deceased.

Edmund R. Terry and Samuel S. Watson for appellants.

Richard Ely and Joseph A. Kennedy for respondents.

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.