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In the Matter of the Final Judicial Settlement of the Account of Proceedings of State Bank of Albany, as Trustee for the Benefit of Mary Elizabeth Schoeffler, under Clause Eighth of the Last Will and Testament of George Moffitt, Late of the City and County of Albany, State of New York, Charles H. Schoeffler, Appellant State Bank of Albany, as Trustee, etc., and Others
Opinions in this case
- Majority
- Dissent — Bliss
The remainders devised and bequeathed by clause Eighth of the will were not contingent during the life of testator’s daughter but vested immediately upon his death and consequently appellant is not entitled to share in this fund. (Matter of Chalmers, 238 App. Div. 672; affd., 264 N. Y. 239.)
[993] Decree affirmed, with costs to all parties filing briefs payable out of the estate.
Crapser, Hefllernan and Sehenek, JJ., concur; Bliss, J., dissents, in an opinion, in which Hill, P. J., concurs.