Legal Opinion

In re the Estate of Moffitt

New York Surrogate's Court

Decided May 9, 1939PublishedCited by 5 opinions

1Opinion of the Court

Bogan, S.

A question of construction is raised in this trustee’s accounting. Under the terms of the eighth paragraph of testator’s will dated June 18, 1928, upon the death of Mary Elizabeth Schoeffler, the remainder of said trust is given, devised and bequeathed to “ the heirs of my daughter Mary Elizabeth Schoeffler, per stirpes.”

The testator died on June 11,1935, being survived by his daughter, Mary Elizabeth Schoeffler. She died on November 3, 1938, leaving her surviving her husband and four children, three of whom are infants, but all of whom were living at the time of the execution of the…

2Cases cited1 opinion

  1. New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923

3Cited by5 opinions

  1. In re the Judicial Settlement of the Final Account of Proceedings of Irving Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
  2. Gustafson v. SvensonMassachusetts Appeals Court · 1976
  3. In Re PistorNew Jersey Superior Court Appellate Division · 1958
  4. In re the Accounting of EganNew York Surrogate's Court · 1954
  5. In re the Estate of PostNew York Surrogate's Court · 1969

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