In the Matter of the Construction of the Will of John J. Larkin, Myrtle v. Larkin, Respondent John V. Larkin, Jr…

Summary

The New York Court of Appeals held that paragraph Eleventh of John J. Larkin's will was a substitutionary gift to the descendants of a remainderman who died before the life tenant, not mere surplusage. Accordingly, the remainderman's share was divested by his death and passed to his children per stirpes, and the Appellate Division's decision was reversed.