Legal Opinion
In re the Construction of the Will of Norrie
New York Surrogate's Court
Decided February 24, 1961Published
1Opinion of the Court
S. Samuel Di Falco, S.
The question presented for determination in this construction proceeding is whether the invalid exercise of a power of appointment with respect to one third of the property embraced in the power renders the entire exercise of the power invalid.
The decedent herein died on December 22,1910. Under article Seventh of his will he created a trust of his residuary estate for the life of his wife, giving to her the limited right to appoint the principal of the trust ‘ ‘ to my descendants in such shares and upon such lawful estates as my said Wife shall by her Last Will and…
2Cases cited7 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Fargo v. . SquiersNew York Court of Appeals · 1897
- In Re the Accounting of ProssNew York Court of Appeals · 1936
- Hillen v. . IselinNew York Court of Appeals · 1895
- Latham Enterprises, Inc. v. StateNew York Court of Claims · 1960
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