New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-11-23
VTLLIYG Away MORE THAN HE lad.

THE CONSTRUCTION WHICH MUST BE PLACED on
The WILL OF W. y. MCCORMACK.
William n. Mccormack made will in Feb
ruary 1872. and ded IN February, 1879. The value OF
mis- estate when he made the will estimated by HIM
at 81 100000; but at tne time of hs death It was found
to De only 2lOOOO AZ the time Of the making OF the
WILL Mt McCorm lck had children all then under
age; after other children born TO him.
one # whom survived him and is still lvng-Ethel II.
Mccormack.
IN the first part OF the will Mr. Mccormack after giving
to his wife dwelling house and CERTAIN per onal property
declares that gives to her annuity Of $4,000 be
paid her equal quarteryearly payments ofS2 600
each during her lfe and he makes the annuity charge
real estate In the third section of the will the
entire estate is gwen the executors during
the life the wife and until the youngest Child shall
have arrived the age of twcntyOne for the following
purposes: pay the above amount TO the wife, TO pay
10 each the children when shall have arrived at the
ago of twentyone $4,000; and third, when the
youngest child shall arrived the age of twenty
one years directed to pay and transfer
to each o. the six children living when the will was
made equal sixth part of estate except that
should be living sufficient should be retained
provide for her annuity.
In case the income from the estate should not be sui
cient pay the annuity and other sums directed to be
paid the trustees authorized to much of tie
capital as might be necessary for the purpose.
After Mr.. McCormack's death suit was brought 70
have the Will construed ia tine Supreme Court 1t was
contended that the third provision of the Will void
being contrary to the statutes relative TO perpeues
and also to that concerning accumUatiOns. Justice
Lawrence in Special Term yesterday gave decision
holding theihird subdivision OF the will in respect
the accumuatOns Of the rents, profits and income of
the violation of the provisions OF the Re-
vised Statutes because the accumulation was for the
benefit OF adults and minors. Justice Lawrence also
concludes although he SAYS, with some hesitation"
that the provision or the widow in lieu of DOVER
upaeld despite the nvalidy Of the third clause
Will.
Tue Judge further says that the depre-
citation III the value OF the estate was
evidently not contemplated by Mr. Mccormack
81 am OF the OpniOn taking all the provisions OF the
will into consideration that the primary intention OF the
Westinghouse and personal property mentioned tho
Will and annuity OF $1,000. 1 do think that the
for raising the amount necessary pay the an
nuty is intimately connected with the gift the an
nuty itself that the latter cannot stand when former
falls. Tie widow will therefore be cnurled to elect be-
tween her yer rights and the PROVISIONS OF the Will
lieu thereof by tho birth OF the child, Ethel H.
after execution of The WILL the tesaOr in my opin
iOn died ntestate TO oneseventh OF his estate. The
infant therefore, inherited Oneseventh of the testaors
subject 10 her mothers right OF dover therein
aud the annuity of the mother should thluk, abate
Oneseventh, ana sne should have her the one
seventh OF the real estate which dcscends FAINT
Henry f. Knox appeared for the executors. Il. NJ.
Martin for the adult defendants r. C. Dorset for the
infant defendant