In the Matter of the Will of Charles F. Fowles, Deceased. Dorothy E. Smith, Appellants; Gertrude F. Browne Et…

Summary

The New York Court of Appeals held that the testator’s legacies to his wife under the second and fourth articles of his will are effective and pass to her estate, and that the power of appointment over one‑half of the residuary estate lapses because the wife did not survive, so that share passes to the trusts for the testator’s children. The Court reversed the Appellate Division and affirmed the Surrogate’s decree, noting dissenting opinions.