In re Royce's Will — 100 N.Y.S. 636

Majority

p. 636

(50 Misc. Rep. 671.)

In re ROYCE’S WILL.

(Surrogate’s Court, Kings County.

May, 1906.)

Headnote

Trusts—Testamentary Trust—Validity.

A will providing that the residue of the estate, both real and personal, should go to the executrix, in trust for the husband of the testatrix, constitutes a valid trust.

[Ed. Note.—For cases in point, see vol. 47, Cent. Dig. Trusts, §§ 34-37.]

In the matter of the probate of the will of Jennie A. Rgyce, deceased. Application by the special guardian for a construction of the will.

Thornton & Earle, for executrix.

Joseph M. Cogan, special guardian.

Application is made by the special guardian for a ' construction of the provision of the will in question. By the fourth provision of the will the residue of the estate, both real and personal, is given to the executrix, in trust for the husband of the testatrix, Henry A. Royce. As such provision relates to personalty, it is proper that I should construe the same. The said husband, Henry A. Royce, contends that the above provision is ineffectual as a trust, and therefore that he becomes the absolute beneficiary of the residuum of the estate. While the language is somewhat informal, yet there can be readily spelled out from the same the elements necessary to constitute a valid trust; and hence the executrix should hold the residuum of the estate as trustee for the benefit of the cestui que trust, Henry A.

p. 637

Royce, during his lifetime. Upon his death, the corpus of the estate will then be distributed in accordance with the provisions of the statute.

Decreed accordingly.