Citation Numbers: 128 Misc. 905
Judges: Slater
Filed Date: 3/9/1927
Status: Precedential
Modified Date: 2/5/2022
Construction is sought of the 3d paragraph of the will, which is as follows:
“ I give and devise to my son Gustav Adolf Groth my house and lots on Rose Street, in Uniontown, Hastings-on-Hudson, N. Y., said lots being numbered 352, 353 and 354 respectively on 1 Map of Lots in Uniontown.’ I make this bequest with this condition that said house and lots are not to be mortgaged, transferred or sold during the lifetime of my son Gustav Adolf or during the minority of his children but should eventually go to my son’s, that is, Gustav Adolf’s children. Should anyone of my son’s, that is, Gustav Adolf’s children turn out bad, my son Gustav Adolf has herewith the right to disinherit such child as far as this house and these lots are concerned.”
The intention of the testator should be sought. Was it his intention that the son Gustav Adolf should enjoy a fee estate, or only a life estate in the property described in the 3d paragraph of
I shall hold that the will gave a life estate in the real estate in Hastings-on-Hudson to the son Gustav, with the remainder in his children as a class to be determined at his death. (Mee v. Gordon, 187 N. Y. 400.)
William John Groth, the grandson who was born five months after the death of the testatrix, is entitled to share in the residuary estate given by paragraph 5 of the will. (Matter of McEwan, 202 App. Div. 50.)