Legal Opinion

In re the Estate of O'Brien

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1996PublishedCited by 2 opinions

1Opinion of the Court

Cardona, P. J. Appeal from a decree of the Surrogate’s Court of Rensselaer County (Lang, Jr., S.), entered May 24, 1995, which construed paragraph four of decedent’s last will and testament.

This proceeding was instituted to construe the residuary clause of decedent’s last will and testament signed on December 29,1989. Decedent died on June 9,1991. Pursuant to decedent’s will, he made $2,500 bequests to each of the four children of petitioner, decedent’s sister. Decedent also bequeathed all of his clothing and personal effects to petitioner’s children. In the fourth paragraph of the will,…

2Cases cited10 opinions

  1. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  2. In Re the Will of FowlesNew York Court of Appeals · 1918
  3. In Re the Accounting of LockeNew York Court of Appeals · 1932
  4. In re the Estate of NurseNew York Court of Appeals · 1974
  5. Hazell v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by2 opinions

  1. In re the Estate of MartinNew York Surrogate's Court · 2003
  2. In re the Estate of D'EliaNew York Surrogate's Court · 2013

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