Legal Opinion

In re the Construction of the Will of Pergament

New York Surrogate's Court

Decided May 22, 1953PublishedCited by 3 opinions

1Opinion of the Court

Frankenthaler, S.

The widow has applied for a construction of articles fourth and sixth of decedent’s will, and their effect, if any, on the antenuptial agreement entered into between decedent and the widow on March 14, 1950.

Article fourth of the will provides as follows: “ Fourth: I give, devise and bequeath to my beloved wife, Elsie Marie Pergament, in lieu of all statutory rights that she may have in my estate, the sum of Five Thousand ($5,000.) Dollars in cash. If my beloved wife has predeceased me this bequest shall lapse.”

Paragraph 1 of the antenuptial agreement provided that if the wife…

2Cases cited8 opinions

  1. In Re the Final Judicial Settlement of the Accounts of ReynoldsNew York Court of Appeals · 1891
  2. In re the Estate of HerbNew York Surrogate's Court · 1937
  3. In re the Judicial Settlement of the Account of ArntonAppellate Division of the Supreme Court of the State of New York · 1905
  4. Ludwig v. BungartNew York Supreme Court · 1900
  5. In re the Accounting of MinnissNew York Surrogate's Court · 1951

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Levin v. DareDistrict Court, S.D. Indiana · 1996
  2. In re the Construction of the Will of PergamentAppellate Division of the Supreme Court of the State of New York · 1954
  3. In re HorowitzNew York Surrogate's Court · 2013

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