Legal Opinion

In re the Probate of the Last Will & Testament of Lally

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1910PublishedCited by 18 opinions

Appeal by Margaret Lally from a decree of the Surrogate’s Court of the county of Queens, entered in said Surrogate’s Court on the 17th.day of December, 1909, admitting to probate a certain instrument as the last will and testament of Thomas P. Lally, deceased, and adjudging that a certain trust clause contained therein is, so far as it affects personal property, a valid trust.

1Opinion of the Court

Carr, J.:

The appeal is by the widow of the decedent who contested the probate. The will was made before the marriage of the decedent with his wife, the contestant, and contains no provision for her. When the will was made, in May, 1900, the testator was a widower with six living children. Some time thereafter, in October, 1901, he married the contestant and four children were born of that union and survived the testator. At his death, in October, 1909, ten children survived him, six as issue of the first marriage and four as issue of the second. -

The will is brief in form and provides as…

2Cases cited6 opinions

Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
Jacoby v. . JacobyNew York Court of Appeals · 1907
Sawyer v. . CubbyNew York Court of Appeals · 1895
Becker v. BeckerAppellate Division of the Supreme Court of the State of New York · 1897
Coston v. CostonAppellate Division of the Supreme Court of the State of New York · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

In re the Intermediate Judicial Settlement of the Accounts of SanfordNew York Surrogate's Court · 1928
In re the Last Will & Testament of ScolpinoAppellate Division of the Supreme Court of the State of New York · 1931
In re the Estate of de CoppetNew York Surrogate's Court · 1932
In re the Estate of MosherNew York Surrogate's Court · 1932
In re the Re-Probate of the Last Will & Testament of JonesNew York Surrogate's Court · 1929

13 more not listed; retrieve them via the Exa API.