In the Matter of the Accounting of the United States Trust Company of New York, as Trustee Under the Will of Emily…

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, modifying it to hold that the residuary clause of Emily A. Watson’s will limits shares to children of Harvey A. Dwight and grandchildren of George W. Pratt who were surviving at her death, that the phrase “any who may have died” refers only to those who die after the trust’s creation, that John W. Dwight’s share passes to the surviving class (or his estate) and that accrued income is to be apportioned under section 204 of the Surrogate’s Court Act.