Legal Opinion
In re the Estate of Burggraf
New York Surrogate's Court
Decided June 2, 1958PublishedCited by 3 opinions
1Opinion of the Court
S. Samuel Di Falco, S.
Helene Walter, one of the three residuary legatees, predeceased the testatrix. She was related to the testatrix by marriage, and the legacy, not being within the scope of section 29 of the Decedent Estate Law, will have lapsed unless the testatrix has, by implication, made a substitutional gift to the issue of Mrs. Walter. The accounting executor requests a construction of the will in this respect. The daughter of the deceased legatee and the distributees of the testatrix take opposing positions on the question.
*153The will is relatively short. The first three paragraphs…
2Cases cited8 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- In Re the Accounting of Fifth Avenue BankNew York Court of Appeals · 1938
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re HarmsAppellate Division of the Supreme Court of the State of New York · 1991
- In re the Estate of KilbornNew York Surrogate's Court · 1958
- In re the Estate of MironowiczAppellate Division of the Supreme Court of the State of New York · 1982