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Wills, Trusts & Estates Keyed to Bonfield
Matter of Carlin
Citation:
6 A.D.2d 281 (N.Y. App. 1958)Facts
The testatrix executed her will on March 9, 1935, and passed away on October 13, 1944. Her will, though brief, provided that after her debts, funeral expenses, and testamentary expenses were paid, her husband, Walter T. Carlin, would have the use of all her property, real and personal, for life, with the privilege to use principal as necessary for his care and support. Upon his death, any remaining property would pass to her distributees under New York law. At both the time of the will’s execution and her death, her husband was her closest relative, making him the sole distributee if the distributees were determined at her death. The testatrix had no children, no siblings, and both her parents were deceased, so if her distributees were decided at her death, her husband would be the sole heir. The issue arose when it was later questioned whether the will required determination of distributees based on the time of the testatrix’s death or her husband’s death.
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6m 20s