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MATTER OF OSBORN

285 A.D. 1072 (1955)

In the Matter of the Accounting of Frederick H. Osborn, as Successor Trustee under The Will of Grace Bigelow, Deceased, Respondent. Evelyn C. Emmet et al., Appellants; Rhode Island Hospital Trust Company, as Executor of Evelyn B. Clark, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1955.

The findings of fact are affirmed.

Although the share of Evelyn Bigelow Clark became vested in her upon the death of the testatrix (Matter of Montgomery, 258 App. Div. 64, affd. 282 N.Y. 713), it was divested upon her death prior to the life beneficiary and then vested in her issue who survived her (Lyons v. Ostrander, 167 N.Y. 135), the enjoyment thereof being postponed until the termination of the life estate. Moreover, regardless of whether the share...

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