In the Matter of the Judicial Settlement of the Account of EDWARD N. TAILER and Others, as Executors, etc., of WILLIAM H. TAILER, Deceased, Respondents. HENRY R. C. WATSON and Others, as Executors, etc., of MARIA C. TAILER, Deceased, and Others, Appellants.
APPEAL by Henry R. C. Watson and others, as executors, etc., and others, from parts of a decree of the Surrogate's Court of the county of New York, entered in said Surrogate's Court on the 13th day of April, 1908, with notice of an intention by said executors to bring up for review an allowance of $920, referee's fees.
On the 15th of July, 1905, William H. Tailer died, leaving
him surviving Maria C. Tailer, his widow, and no children or issue of children. He left a will, executed November 27, 1900, which reads as follows:
'I, William H. Tailer, of the City of New York, declare this to be my last will and testament.
'I nominate and appoint my wife, Maria C. Tailer, and my brothers, Edward N. Tailer and Robert W. Tailer, to be the executors of this, my last will and testament, and I direct that they be not required to give any bond for the faithful performance of their duties as such. I also direct them to pay all my just debts and funeral expenses as soon as practicable after my decease.
'It is my will that all amounts of insurance upon my life that are payable at my death shall be for the sole benefit of my wife, and accordingly I give and bequeath to her absolutely all the monies due and to become due and all that may be collected from every policy of insurance now outstanding or that may hereafter be issued upon my life.
'I give and bequeath to my said wife all of my horses, carriages and harness, all my silver, paintings, books, furniture and personal effects, and all of my personal property, except money and pecuniary investments, absolutely.
'All the rest, residue and remainder of my estate and property, real and personal, I give, devise and bequeath to my executors, hereinabove named, or to such of them as shall qualify and act as such, and to their successors, in trust to invest the same and keep it invested in such securities as they may approve, and to collect the income thereof and pay it over or apply it to the use of my said wife, Maria C. Tailer, for and during the period of her life; and, from and after the death of my said wife, I give, devise and bequeath the principal so held in trust and I direct my said trustees and their successors to pay over and transfer the same and all accumulations and increase thereof as follows, that is to say: to my niece Agnes S. Burnett, the sum of one thousand dollars; to my niece, Mary T. Livingston, the sum of one thousand dollars; to my niece, Fannie Bogert Tailer, the sum of one thousand dollars; to my nephew, Thomas Suffern Tailer, the sum of one thousand dollars; to my nephew, James Lee Tailer, the sum of one thousand
dollars; to William Hallett Tailer, Junior, son of my nephew Henry Pennington Tailer, the sum of seventy-five thousand dollars; to my said nephew, Henry Pennington Tailer, the sum of twenty thousand dollars; to my nephew, Edward Loring Tailer, the sum of twenty thousand dollars; to my niece, Sophia Pennington Trowbridge, the sum of twenty thousand dollars; to my nephew, James Bogert Tailer, the sum of twenty thousand dollars; to my niece, Anna Tailer Cole, the sum of twenty thousand dollars; to my nephew, James Clinton Spencer, the sum of twenty thousand dollars; to my godson, Robert Reginald Livingston, the sum of five hundred dollars; to my godson, Sydney Salisbury Breese, the sum of five hundred dollars; to Robert Tailer Townsend, son of my nephew, John R. Townsend, the sum of one thousand dollars; to my coachman, Martin Haggerty, if in my service at the time of my death, the sum of one thousand dollars; and to my butler, Charles Terry, if in my service at the time of my death, the sum of one thousand dollars; and I direct my said trustees and their successors to pay over the above mentioned legacies in full and without deduction for commissions or for any transfer or succession tax or other charge, and to defray such commissions, taxes and other charges from the rest of the trust estate remaining in their hands. The above mentioned legacies to the children of my brothers, Edward N. Tailer and Robert W. Tailer, were not made larger because they are already well provided for and I wish only to give them a suitable token of remembrance.
'And as to the rest, residue and remainder of my said trust estate, including all lapsed legacies and all of my property not hereinabove sufficiently disposed of, I give, devise and bequeath the same, and I direct my executors and trustees and their successors to pay over and transfer the same to and among those persons who would inherit and take the same, and in the same shares and proportions as provided by the laws of the State of New York in case I had died intestate.
'I further give to my said trustees and to their successors full power to sell any or all of my real estate and to execute the necessary instruments therefor, and generally to change any of my investments in their discretion and take all and
every necessary action for the preservation or distribution of my estate.
' In Witness Whereof, I have hereto set my hand and seal this twenty-seventh day of November, in ...