Legal Opinion
In re the Construction of the Will of Cole
New York Surrogate's Court
Decided March 18, 1959PublishedCited by 3 opinions
1Opinion of the Court
Joseph A. Cox, S.
This proceeding has been instituted for a construction of article Fourth of the testator’s will wherein he provided a trust for the benefit of his widow. The pertinent text reads: “ Upon the death of my wife, or in the event she does not survive me, I direct my executors and trustees to distribute the principal of the trust fund hereinbefore created for her benefit together with ¿ny accumulation, to my children Evelyn Cole Burns and W. Harold Cole, in equal shares, share and share alike, per capita and not per stirpes.”
The life beneficiary of the trust is living, as is the…
2Cases cited8 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- In re National City BankAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of EvansNew York Surrogate's Court · 1937
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3Cited by3 opinions
- In re the Estate of VoughtNew York Surrogate's Court · 1967
- In re the Estate of FinalyNew York Surrogate's Court · 1959
- In re the Estate of ChurchmanNew York Surrogate's Court · 1959