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Matter of Wilson

Court of Appeals of the State of New York
Jul 19, 1945
63 N.E.2d 111 (N.Y. 1945)

Summary

In Matter of Wilson (294 N.Y. 903) the testator set up a trust for the successive lives of his daughter and stepdaughter. Upon their death he directed distribution among his "heirs at law and next of kin" in accordance with the New York statute. It was there held that the class was determinable at the time of the death of the life beneficiaries.

Summary of this case from Matter of Backman

Opinion

Argued May 23, 1945

Decided July 19, 1945

Appeal from the Supreme Court, Appellate Division, Second Department, McGAREY, S.

Daniel J. Madigan and Jay Raymond Levinson for appellant.

Edward Lazansky and Ralph Stout for John Wilson and others, respondents.

Charles G. Coster and Franklin G. Edwards for Victor L. Finan, as executor of Alexander G. Wilson, deceased, respondent.

C. Joseph Danahy, as special guardian for unborn issue of Frances Bell Hicks and others.


Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and DYE, JJ. Taking no part: THACHER, J.


Summaries of

Matter of Wilson

Court of Appeals of the State of New York
Jul 19, 1945
63 N.E.2d 111 (N.Y. 1945)

In Matter of Wilson (294 N.Y. 903) the testator set up a trust for the successive lives of his daughter and stepdaughter. Upon their death he directed distribution among his "heirs at law and next of kin" in accordance with the New York statute. It was there held that the class was determinable at the time of the death of the life beneficiaries.

Summary of this case from Matter of Backman
Case details for

Matter of Wilson

Case Details

Full title:In the Matter of the Probate of the Will of ALEXANDER G. WILSON, Deceased…

Court:Court of Appeals of the State of New York

Date published: Jul 19, 1945

Citations

63 N.E.2d 111 (N.Y. 1945)
63 N.E.2d 111

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