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In re Kings County Trust Co.

125 N.Y.S. 159 Court N.Y. Sur. Ct. English

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p. 159
(68 Misc. Rep. 278.)
In re KINGS COUNTY TRUST CO.
(Surrogate’s Court, Kings County.
June, 1910.)

Headnote

Wills (§ 684[1] )—Distribution op Personalty—Trust in Favor op Widow —Right to Income.
Where a trust in personalty is created by will for. benefit of testator’s widow during her life, she is entitled to the income thereof from testator’s death, in the absence of a contrary intent appearing in the will.
[Ed. Note.—For other cases, see Wills, Cent. Dig. § 1625: Dec. Dig. § 684.*]
Proceeding for settlement of the account of the Kings County Trust Company, as executor of William Howard. Payment of income of trust to widow decreed.
George V. Brower, for executor.
Lyon & Smith (Edward P. Lyon, of counsel), for widow.

There was a gift in trust of $32,000, to pay the income thereof to the widow “for and during her natural life.” While, practically, a trust fund may not be released from the burdens of administration until the expiration of a year or more after the grant of letters, yet in the vision of the law the trust is in progress from the testator’s death, unless a contrary intent is apparent in the will. If this were not so, the time when the income should become payable would be subject to the caprice or neglect of executors or casual delays in the probate. Hence the income which accrues between the death and the time when in the convenience of events the trust fund is actually separated from the possession of the executors as stich is payable to the beneficiary, unless a contrary intent appears in the will.

p. 160
Matter of Stanfield, 135 N. Y. 292 , 31 N. E. 1013 ; Bank of Niagara v. Talbot, 110 App. Div. 519 , 96 N. Y. Supp. 976 ; Matter of Harris, 61 Misc. Rep. 563 , 116 N. Y. Supp. 270 .

It has not been possible to discern in the will or codicil here presented any purpose that the widow should not receive the income from ' her husband’s death, and it should be paid to her.

Decreed accordingly.

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