In re Howells' Estate

260 N.Y.S. 598, 145 Misc. 557 (1932)

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In re Howells’ Estate

New York Surrogate’s Court
260 N.Y.S. 598, 145 Misc. 557 (1932)

Facts

Camille F. Howells died leaving a will that directed the distribution of her estate. In Section 8, Howells created a trust to be held by her executor for the purpose of caring for her five pets until their death. In Section 6, Howells provided that the balance of her estate be given to her friend, Charles E. Rattray. Within this section, Howells also instructed that if during Rattray’s lifetime he needed funds for his care, the executor was to provide the required funds. Upon Howells’s death, a court referee was tasked with interpreting the will. The referee interpreted the will as terminating at Rattray’s death and, therefore, not violating the state’s anti-perpetuity statute. The matter was appealed for review by the surrogate’s court.

Rule of Law

Issue

Holding and Reasoning (Wingate, J.)

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