Legal Opinion
In re Marine Midland Bank, N. A.
New York Court of Appeals
Decided November 21, 1989PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
In concluding that appellants are not entitled to inherit under the relevant gift provision of this disputed will, we reaffirm two basic principles governing the adjudication of decedents’ estates by courts: our primary function is to effectuate the testator’s intent and the words used to express that intent are to be given their ordinary and natural meaning.
Testator executed his will in 1955 and it was admitted to probate in 1959. At issue is clause (c) of paragraph fifth, which bequeaths part of the residuary of one of two trusts to the "surviving child or…
2Cases cited7 opinions
- In re the Estate CordNew York Court of Appeals · 1983
- In re the Estate of WalkerNew York Court of Appeals · 1985
- In re the Estate of EckartNew York Court of Appeals · 1976
- In Re the Accounting of MullerNew York Court of Appeals · 1929
- In re the Accounting of Franklin National BankNew York Court of Appeals · 1957
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Williams v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of McCabeAppellate Division of the Supreme Court of the State of New York · 2000
- In re Estate of BernsteinAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of GraweAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of TorriciniAppellate Division of the Supreme Court of the State of New York · 1998
22 more not listed; retrieve them via the Exa API.