Thomas M. Healy, as Executor of Mary K. Stevens, Deceased, Appellant,
v.
Empire Trust Company, as Sole Surviving Trustee under The Will of Thomas B. Hidden, Deceased, et al., Respondents, and Jacob T. Shoenholz, as Substituted Administrator with the Will Annexed of Cornelia E. Stevens, Deceased, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 16, 1950.
January 16, 1950.
Attorney(s) appearing for the Case
T. Donald Healy of counsel (Holmes & Healy, attorneys), for plaintiff-appellant.
Milton Schilback for defendant-appellant.
William L. Woodward of counsel (Stetson, Woodward & Gaffney, attorneys), for Empire Trust Company, as trustee, respondent.
A. Hayne deYampert of counsel (Edward T. Pierce and Wilberforce Sully, Jr., with him on the brief; White & Case, attorneys for Edward Mortimer Parrish and others, respondents; Nims, Verdi & Martin, attorneys for Charles P. Hidden, respondent; Flynt & Sully, attorneys for Wilberforce Sully, Jr., individually and as executor, and Spencer E. Sully, respondents; A. Fernande de Kreiges, attorney for Marie L. H. Watson, individually and as executrix of Frances E. Hidden, deceased, respondent; John E. Mack, attorney for Marie L. H. Watson, as executrix, respondent), for Edward Mortimer Parrish and others, respondents.
David G. Ashton of counsel (Burlingham, Veeder, Clark & Hupper, attorneys), for American Female Guardian Society and Home for the Friendless, respondent.
Walter Burke, Jr., of counsel (Coombs & Wilson, attorneys; George N. Whittlesey, attorney; Heywood & Benedict, attorneys; Barr, Robbins & Palmer, attorneys; Cadwalader, Wickersham & Taft, attorneys; Stewart & Shearer, attorneys; Tanner, Sillcocks & Friend, attorneys), for Community Service Society and others, respondents.
GLENNON, DORE, COHN and CALLAHAN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
PECK, P. J.
The question in this case is whether remainders to Cornelia E. Stevens and Mary Kate Stevens under the will of Thomas B. Hidden became vested upon the death of the testator or were contingent upon their surviving the life tenants. The will established three trusts, each for the benefit of a named niece of the testator, and provided for a distribution of principal upon the death of the second niece...
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