Legal Opinion
In re the Construction of the Will of Mitchell
New York Surrogate's Court
Decided January 13, 1959PublishedCited by 5 opinions
1Opinion of the Court
John D. Bennett, S.
Petitioner requests a construction of article Third of the decedent’s will to the effect that she is entitled absolutely to all the property devised to her thereunder, without any limitation on her power to use or dispose of said property, including disposal by her will. The special guardian representing the contingent infant remaindermen asserts, on the other hand, that such provision creates a valid life estate with unlimited power of disposal or invasion of the principal during her life, but that whatever remains thereafter must devolve to the remaindermen.
The paragraph…
2Cases cited4 opinions
- Vincent v. RixNew York Court of Appeals · 1928
- Vincent v. PutnamNew York Supreme Court · 1926
- Vincent v. PutnamAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of IngrahamNew York Surrogate's Court · 1950
3Cited by5 opinions
- Elizabeth Joan Allen and Alice Edna Stuhmer, Individually and as Executrices of the Estate of Chester A. Allen, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1966
- United States v. Lincoln Rochester Trust Company, as Administrator, C. T. A., of the Last Will & Testament of Albert E. Copeland, DeceasedCourt of Appeals for the Second Circuit · 1962
- Estate of Rexford H. Foster, Deceased, Margaret Foster v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1984
- In re the Estate of RothwachsNew York Surrogate's Court · 1968
- Allen v. United StatesDistrict Court, E.D. New York · 1965