Legal Opinion

In re the Construction of the Will of Neill

New York Surrogate's Court

Decided May 19, 1949PublishedCited by 2 opinions

1Opinion of the Court

Frankenthaler, S.

This proceeding is brought to construe

the wills of a donor and a donee of a testamentary power of appointment. The applicants also seek a determination of the effect of an inter vivas conveyance of real property by a donee under the original will to the trustees thereunder, prior to the issuance to them of letters of trusteeship in this State.

The donor in her will provided: “ Fourth: I give, devise and bequeath all the residue of my estate * * * to the said Edward M. Neill * * * in trust * * * [for] my said husband Edward M. Neill, during the term of his natural life, and…

2Cases cited24 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Smith v. . EdwardsNew York Court of Appeals · 1882
  3. In Re Proving the Will of MountNew York Court of Appeals · 1906
  4. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  5. Matter of TrevorNew York Court of Appeals · 1924

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3Cited by2 opinions

  1. Lentz v. LentzCourt of Appeals of North Carolina · 1969
  2. Pratt v. LavenderDistrict Court of Appeal of Florida · 1975

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