Legal Opinion

In re the Estate of Lyman

New York Surrogate's Court

Decided June 19, 1942Published

1Opinion of the Court

Foley, S.

In this trustee’s accounting various questions are presented as to the construction of the will and of a marital settlement agreement entered into between the testator and his former wife.

On November 30, 1920, Marguerite B. C. Lyman, the then wife of the testator, obtained a judgment of divorce against him. Thereafter on February 2, 1921, he entered into a settlement agreement with her. He died on April 7, 1926. Under the agreement the testator obligated himself to make certain annual payments to his divorced wife during her life or until she remarried when all payments to her were…

2Cases cited4 opinions

  1. In Re the Will of BloomingdaleNew York Court of Appeals · 1938
  2. In re the Judicial Settlement of the Account of Proceedings of OakleyAppellate Division of the Supreme Court of the State of New York · 1902
  3. In Re the Accounting of Union Trust Co.New York Court of Appeals · 1904
  4. In re the Estate of MarshallNew York Surrogate's Court · 1931

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