In the Matter of the Accounting of Albert W. Pross, as Executors of Malky Lyons, Deceased. Albert W. Pross Et…

Summary

The New York Court of Appeals held that the invalid secondary life estates in two shares of the testatrix's residuary clause create only partial intestacy, not total intestacy, and affirmed the Surrogate's decree while reversing the Appellate Division's order. The court excised the invalid provisions and preserved the remainder of the will.