In re Howells’ Estate
New York Surrogate’s Court
260 N.Y.S. 598, 145 Misc. 557 (1932)
- Written by Haley Gintis, JD
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.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
