Legal Opinion

In Re the Will of Winburn

New York Court of Appeals

Decided March 3, 1936PublishedCited by 12 opinions

1Opinion of the CourtO’Brien, J.

In this proceeding we reversed (265 N. Y. 366) an order of the Appellate Division affirming a decree of one of the Surrogates of New York county-construing the will of Michael Winburn and held that as to one-half of the residuary, except two legacies, the testator died intestate. Our remittitur directed the Surrogate to proceed in accordance with the opinion of this court, which, by necessary implication, held that the part of the estate in respect to which the testator died intestate should be distributed in accordance with the statute.

Some of the parties who were unsuccessful at the…

2Cases cited5 opinions

  1. In Re the Will of HornerNew York Court of Appeals · 1924
  2. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  3. In Re the Will of WinburnNew York Court of Appeals · 1934
  4. Altman v. . HofellerNew York Court of Appeals · 1897
  5. Croker v. . WilliamsonNew York Court of Appeals · 1913

3Cited by12 opinions

  1. Hecht v. City of New YorkNew York Court of Appeals · 1983
  2. In re the Arbitration between Amica Mutual Insurance & JonesAppellate Division of the Supreme Court of the State of New York · 1981
  3. In Re the Accounting of BarryNew York Court of Appeals · 1949
  4. Pieczonka v. Pullman Co.Court of Appeals for the Second Circuit · 1937
  5. In re the Estate of WinburnNew York Surrogate's Court · 1936

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