Legal Opinion

In re O'Hara's Ex'rs

New York Surrogate's Court

Decided January 15, 1897Published

Judicial settlement of the accounts of the executors of the will of James A. O’Hara, deceased.

1Opinion of the Court

GLASS, S.

The testator provided in his will as follows:

“I direct them [the executors] to pay over to my sister, Ann Magee, the sum of five thousand dollars, in trust, nevertheless, for the following purpose, to wit: To use the income thereof, and so much of the principal as may be necessary, for the proper and suitable support and maintenance of my mother, Margaret O’Hara, during her lifetime; and upon the death of my mother I direct that said trust shall cease, and so much of said sum of five thousand dollars as shall remain shall belong to my said sister and her personal representatives…

2Cases cited4 opinions

  1. Matter of StanfieldNew York Court of Appeals · 1892
  2. Cooke v. . MeekerNew York Court of Appeals · 1867
  3. Thorn v. . GarnerNew York Court of Appeals · 1889
  4. Barrow v. BarrowNew York Supreme Court · 1890

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