Appellate Division of the Supreme Court of New York, 1951

In re the Construction of the Will of Powers

In re the Construction of the Will of Powers
Appellate Division of the Supreme Court of New York · Decided February 20, 1951
278 A.D. 638; 103 N.Y.S.2d 122; 1951 N.Y. App. Div. LEXIS 4181
In re the Construction of the Will of Powers

Opinion of the Court

— We agree with the Surrogate that the condition of the legacy was that the legatees should survive the normal period of estate administration, but then interpret the will as vesting any share which lapses by reason of the death of a legatee prior thereto in the remaining legatees without requiring their *639surviving the period of distribution. The result, however, is the same as if such survival were required, as all of the remaining legatees have so survived. Decree, so far as appealed from, unanimously affirmed, with costs to all parties appearing herein and filing briefs, payable out of the estate. Present — Peek, P. J., Glennon, Cohn, Callahan and Shientag, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.