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Matter of Lincoln Rochester Trust Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 1948
274 App. Div. 846 (N.Y. App. Div. 1948)

Opinion

July 8, 1948.

Present — Taylor, P.J., McCurn, Larkin, Vaughan and Kimball, JJ. [ 191 Misc. 1016.]


Decree reversed on the law and facts, with costs to appellant payable out of the estate, and matter remitted to the Surrogate's Court of Monroe County to enter a decree granting the widow right of election. Memorandum: The limitation placed by the testator upon the disposition of the income from the trust fund created for the wife's benefit deprives her of the right to the use of all or any particular share of the trust. The purely contingent benefit of additional income that she might receive above that allowed her by the terms of the will is not a valid substitute for her intestate share ( Matter of Bommer, 159 Misc. 511, 521). All concur. (The decree adjudges that testator bequeathed in trust for his wife an amount greater than her intestate share and that the widow is not entitled to a right of election.)


Summaries of

Matter of Lincoln Rochester Trust Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 1948
274 App. Div. 846 (N.Y. App. Div. 1948)
Case details for

Matter of Lincoln Rochester Trust Company

Case Details

Full title:In the Matter of the Accounting of LINCOLN ROCHESTER TRUST COMPANY, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 8, 1948

Citations

274 App. Div. 846 (N.Y. App. Div. 1948)