Paget v. Melcher

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898

Appellate Division of the Supreme Court of the State of New York · decided 1898-07-01

Motion by the plaintiff, Mary Paget, and by the defendants, The Union Trust Company and others, for a new trial made upon a ease -containing exceptions, ordered to be heard at the Appellate Division in the first instance, an interlocutory judgment having been entered in the office of the clerk of the county of ¡New York on the 8th day of July, 1897, upon the decision of the court rendered after a trial at the Hew York Special Term.

Decided 1898-07-01

Van Brunt, P. J.:

¶1I concur. It seems to me that it is perfectly plain that the testator intended by his will to confer upon his children a vested remainder, subject to be divested by death during the continuance ■of the intermediate estate.

¶2Motion for new trial denied and interlocutory judgment modified "by adjudging that the legatees under the will of Henry Leiden ■Stevens took one undivided third in the personal property mentioned in the 3d and 4th clauses of the will of Paran Stevens, being the share which said Henry Leiden Stevens would have taken if he had survived the life tenant, with costs to all parties to be paid out of the fund.