In the Matter of Ida L. Gallien, as Executors of Brace M. Gallien, Deceased, Respondents. Wesleyan University…

Summary

The New York Court of Appeals reversed the Appellate Division and remanded for entry of a decree construing the will, holding that the clause "when" is equivalent to "as" so that the residue is to be divided when the payments to the wife, son, and foster daughter cease; the trust for the foster daughter fails as it violates the statutory two‑life limit, and the residue trust remains valid. Justice Kellogg dissented, arguing the will should be void, while Justice Lehman concurred in part, agreeing with reversal but emphasizing the testator's primary purpose for wife and son.