Legal Opinion
In re the Estate of Collura
New York Surrogate's Court
Decided April 10, 1979PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
John D. Bennett, J.
This is a petition by the coexecutors of the estate of John D. Collura for a construction of his will.
Article sixth of the instrument in question provides in part: "In the event my son, John, survives me, and is not married to his present wife, Joan, I give, devise and bequeath to my son, John, the residue and remainder of my estate, and if he shall not survive me, his share shall go to my granddaughter, Patricia.” At the time of the testator’s death, John Collura was still married to Joan.
It is well settled that a condition attached to a gift, the…
2Cases cited7 opinions
- In re the Judicial Settlement of the Intermediate Account of HaightAppellate Division of the Supreme Court of the State of New York · 1900
- In Re the Will of LibermanNew York Court of Appeals · 1939
- Wright v. MayerAppellate Division of the Supreme Court of the State of New York · 1900
- In Re the Will of RothchildNew York Court of Appeals · 1948
- In re the Accounting of DuganNew York Surrogate's Court · 1947
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of BaugherNew York Surrogate's Court · 2010
- Moore v. MooreIndiana Court of Appeals · 1995