Legal Opinion
In re the Estate of Weinstein
New York Surrogate's Court
Decided June 28, 1961PublishedCited by 2 opinions
1Opinion of the Court
S. Samuel Di Palco, S.
In this accounting proceeding the court is asked to construe paragraph Third of the testator’s will.
The testator died in 1938. The questioned paragraph creates a trust for the life of his wife and provides that upon termination 80% thereof was to be given to “ such of the following as are then living in equal shares: my brothers Max Weinstein, David Weinstein, Herman Weinstein and Ike Weinstein and my sisters, Sadie Kushin, Rose Horowitz, Lena Kanowitz and Ida Rosen.” The language is immediately followed by:
‘ ‘ In the event, however, that any of my said brothers or…
2Cases cited5 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- March v. . MarchNew York Court of Appeals · 1906
- In re the Estate of RobinsonNew York Surrogate's Court · 1935
- First Methodist Church of Penn Yan v. PutnamNew York Supreme Court · 1947
- In re the Accounting of BlackfordNew York Surrogate's Court · 1948
3Cited by2 opinions
- In re Estate of JunggrenAppellate Division of the Supreme Court of the State of New York · 1975
- In re the Estate of GrausteinNew York Surrogate's Court · 1971