Legal Opinion

In re Staudt

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

Decided March 2, 1933Published

1Opinion of the CourtDavis, J.

The appellant is aggrieved by the decree of the Surrogate’s Court of Queens county construing the provisions of the will of Peter Kunzenbacher, deceased.

In this will, executed March 29, 1927, there were, first, provisions ■for the payment of debts and directions concerning the funeral and burial of the deceased by a firm of undertakers named, with a limitation on the expense thereof. Then there were legacies given to a niece and other persons (probably friends, though not so designated). Then followed :

“ Seventh, all the rest, remainder and residue of my capital, wheresoever same may be…

2Cases cited12 opinions

  1. Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
  2. In re the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1923
  3. In Re the Will of BarneyNew York Court of Appeals · 1924
  4. Gross v. MooreNew York Supreme Court · 1893
  5. Forster v. . WinfieldNew York Court of Appeals · 1894

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