Legal Opinion

In re the Estate of Thomson

Appellate Division of the Supreme Court of the State of New York

Decided April 22, 1996Published

1Opinion of the Court

In a proceeding to construe a will, the appeal is from a decree of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated September 26, 1994, which granted the petition and vested and accelerated the petitioner’s remainder interest.

*648Ordered that the decree is affirmed, with costs.

Contrary to the appellants’ contention, the first future estate of the unborn contingent remaindermen was defeated in a manner for which the testator had provided, and the vesting of the residuary estate in the petitioner, the next contingent remainderman, did not violate EPTL 6-5.10. Pursuant to EPTL 2-1.11…

2Cases cited7 opinions

  1. In Re the Accounting of BarryNew York Court of Appeals · 1949
  2. In re the Estate of MixterNew York Surrogate's Court · 1975
  3. In re the Estate of ChadbourneNew York Surrogate's Court · 1977
  4. In re the Estate of PelhamNew York Surrogate's Court · 1970
  5. In re the Estate of AveryNew York Surrogate's Court · 1984

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