New York Court of Appeals

Samuel Weeks, Appellants v. Jacob Weeks Cornwell Respondents

February 1, 1887104 N.Y. 325

Summary

The Court affirmed the lower court's order, holding that the twenty‑fourth clause of the will created at most an invalid trust to mortgage real estate and did not impede the operation of the twenty‑fifth clause, which vested a remainder in the named legatees. The Court also interpreted "legatees" to mean the seventeen life beneficiaries and Parschall, and prescribed that the real estate be divided in proportion to each beneficiary's specific legacy.