New York Life Insurance and Trust Company, as Trustee Under the Will of Jabez A. Bostwick, Deceased, Respondent, v…

Summary

The Court held that the class of next of kin for the Bostwick will is to be ascertained at the time of distribution, with survivorship as a condition, and that the share among next of kin must be divided according to the Statute of Descents (per stirpes). Accordingly, it reversed the Appellate Division and affirmed the referee’s report.