In re the Accounting of Peinecke
New York Surrogate's Court
1Opinion of the Court
Boylan, S.
By the second and third paragraphs of her will, the decedent created two separate trusts for her grandchildren, Frederick Bender, Jr. and Bertram Bender until they attained the age of twenty-one years and both have attained their majority. In creating these trusts the decedent used the words 1‘ I give and bequeath ’ ’ but did not use any words of devise. The residuary clause Contained in paragraph fifth directs that the executor divide all the rest, residue and remainder of the decedent’s property, both real and personal, into six equal parts, two of the parts for a daughter, Bertha…
2Cases cited11 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- McCorn v. . McCornNew York Court of Appeals · 1885
- Brill v. . WrightNew York Court of Appeals · 1889
- Briggs v. . CarrollNew York Court of Appeals · 1889
- Taylor v. . DoddNew York Court of Appeals · 1874
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3Cited by2 opinions
- In re the Construction of the Will of VigliottiNew York Surrogate's Court · 1950
- In re the Estate of Du BoisNew York Surrogate's Court · 1958