In re the Probate of the Last Will & Testament De Rycke
Appellate Division of the Supreme Court of the State of New York
Appeal by Catherine Cuffe, as executrix, etc., of Emma A. De Rycke, deceased, and others, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 9th day of November, 1903, admitting to probate the last will and testament of the said Emma A. De Rycke, deceased.
1Opinion of the Court
Jenks, J.:
The executor and proponent appeals from the decree admitting the will to probate. But examination of the exceptions filed by her shows that they are limited to the first conclusion of law which determines that the trust created for the benefit of the deceased’s two children in the 6th paragraph of the will is invalid. We shall consider that the general terms of the appeal are limited by the exceptions. Otherwise the proponent of the will would be the opponent, which is anomalous, if not absurd. The testator, after disposing of certain trinkets, provided as follows: “ All the rest,…
2Cases cited6 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Graff v. . BonnettNew York Court of Appeals · 1865
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Mills v. . HussonNew York Court of Appeals · 1893
- Rawson v. . LampmanNew York Court of Appeals · 1851
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3Cited by22 opinions
- Messing v. CommissionerUnited States Tax Court · 1967
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In re the Estate of SweeneyNew York Surrogate's Court · 1935
- Greeley Nat. Bank v. WolfCourt of Appeals for the Eighth Circuit · 1925
- In re the Estate of BellNew York Surrogate's Court · 1931
17 more not listed; retrieve them via the Exa API.