Legal Opinion

In re the Estate of Mosher

New York Surrogate's Court

Decided March 15, 1932PublishedCited by 7 opinions

1Opinion of the Court

Slater, S.

This construction matter relates to the application of section 35 of the Decedent Estate Law, as amended by chapter 293 of the Laws of 1919.

The decedent had been married for upwards of twenty-five years to his first wife. She died August 1, 1923. On August 9, 1923, testator made his will wherein he directed that the rest, residue and remainder of his real and personal estate be divided into three parts. One of such equal parts he gave to his sister Rebecca Mosher, another of such equal parts to his sister Carrie E. Mosher, and “ one such equal part to my friend, Mildred Vetter.” The…

2Cases cited20 opinions

  1. Brush v. WilkinsNew York Court of Chancery · 1820
  2. Adams v. WinneNew York Court of Chancery · 1838
  3. In re Proving the Last Will & Testament of GaffkenAppellate Division of the Supreme Court of the State of New York · 1921
  4. In Re Proving the Will of GaffkenNew York Court of Appeals · 1922
  5. In re the Probate of the Last Will & Testament of LallyAppellate Division of the Supreme Court of the State of New York · 1910

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3Cited by7 opinions

  1. In re the Estate of GuilmartinNew York Surrogate's Court · 1935
  2. Fulton Trust Co. v. TrowbridgeSupreme Court of Connecticut · 1940
  3. In Re ReedNew Jersey Superior Court Appellate Division · 1952
  4. In re the Will of KellyNew York Surrogate's Court · 1943
  5. Paul v. SteinertDistrict Court of Appeal of Florida · 1962

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