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 BackmanOpinion
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.