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MATTER OF LARKIN

9 N.Y.2d 88 (1961)

In the Matter of the Construction of the Will of John J. Larkin, Deceased. Myrtle V. Larkin, Respondent; John V. Larkin, Jr., an Infant, by Manley H. Thaler, His Special Guardian, Appellant.

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

Manley H. Thaler, special guardian for John V. Larkin, Jr., infant, appellant.

Thomas J. Flynn for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER concur.

BURKE, J.

The question is whether, in regard to the trust provisions of the last will and testament of John J. Larkin, the eleventh paragraph is to be construed as mere surplusage or as a substitutionary gift (to the descendants of a remainderman) conditioned upon the death of a remainderman during the enjoyment of the life estate (i.e., subsequent to the death of the testator). Stated...

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