Legal Opinion

In re the Estate of Robinson

New York Surrogate's Court

Decided October 18, 1940PublishedCited by 7 opinions

1Opinion of the Court

Foley, S.

The surrogate holds upon the evidence that under paragraph sixth of the will the indebtedness of the claimant, Betty Robinson Peake, to the decedent in the sum of $15,021.88 was forgiven.

By paragraph sixth of the will the testatrix provided: “ In the event that my said daughter, Betty Robinson Peake, shall be indebted to me at the time of my death in any sum of money whatsoever, I give and bequeath the same to her absolutely and free from any trust.” It is undisputed that at the time of the execution of the will no form of indebtedness existed as between the parties. In the later…

2Cases cited3 opinions

  1. Dibble v. . RichardsonNew York Court of Appeals · 1902
  2. Smith v. . BurchNew York Court of Appeals · 1883
  3. Manufacturers National Bank v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1926

3Cited by7 opinions

  1. Zeitinger v. MitchellSupreme Court of Missouri · 1951
  2. In re the Will of HindsAppellate Division of the Supreme Court of the State of New York · 1946
  3. In re the Accounting of Corn Exchange Bank Trust Co.New York Surrogate's Court · 1948
  4. In re the Estate of OwenNew York Surrogate's Court · 1942
  5. In re the Accounting of ZielinskiNew York Surrogate's Court · 1948

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