Legal Opinion

In re the Estate of Lynn

New York Surrogate's Court

Decided November 26, 1940PublishedCited by 4 opinions

1Opinion of the Court

Foley, S.

In my prior decision the question of the construction of the will presented in the accounting proceeding was carefully considered and determined. (Matter of Lynn, 174 Misc. 361.) That question involved the extent of the exercise of a power of appointment given by the will of the testator to his son, Edgar Allan Lynn. The surrogate found that the power of appointment was effectively exercised in the residuary clause of the will and that the appointive property vested in equal shares in the residuary legatees, a sister and a friend of the donee. Among the integral parts of the dispute,…

2Cases cited9 opinions

  1. Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
  2. Lockwood v. . MildebergerNew York Court of Appeals · 1899
  3. Low v. Bankers Trust Co.New York Court of Appeals · 1936
  4. Dwight v. FancherNew York Court of Appeals · 1927
  5. Collins v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1929

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3Cited by4 opinions

  1. In re the Estate of SteigerwaldNew York Surrogate's Court · 1956
  2. In re the Estate of StorrsNew York Surrogate's Court · 1959
  3. In re the Construction of the Will of SvendsenNew York Surrogate's Court · 1947
  4. In re the Estate of WallersteinNew York Surrogate's Court · 1962

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