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Wills, Trusts & Estates Keyed to Gallanis
Estate of Thall
Citation:
219 N.E.2d 397 (N.Y. 1966)Facts
Thall passed away in September 1943, leaving his wife, a sister, and the descendants of a deceased brother. In his will, executed in 1941, he directed that his residuary estate be placed in trust for his wife’s lifetime, with the income shared among her, his sister Sophie Levitsky, and her sons, Emanuel and Ben Ami Landis. Upon the widow’s death, the trust corpus was to be distributed equally among Sophie, Emanuel, and Ben Ami, designated to receive their shares “share and share alike.” However, the will does not address the disposition of the income or corpus in the event that all three predeceased the widow, which highlights the necessity for the construction of the will to resolve these ambiguities. Furthermore, the absence of clear instructions regarding the fate of the estate in such circumstances complicates the situation and necessitates judicial interpretation to ensure that the intentions of the testator are honored.
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