Legal Opinion

In re the Estate of Messner

New York Surrogate's Court

Decided December 10, 1965PublishedCited by 1 opinion

1Opinion of the Court

S. Samuel Di Falco, S.

The sole question raised in this application to compel the executor to account, is whether the petitioner is entitled to her annuity from the date of the decedent’s death or from the first of the month following the issuance of the annuity contract. In article sixteenth of the will, the decedent bequeathed to each of the four persons therein named an annuity in the amount set opposite their respective names to be paid in monthly installments “in accordance with the provisions of paragraph B hereof.” Paragraph B of article six*603teenth reads as follows: “I direct that my…

2Cases cited7 opinions

  1. Buchanan v. . LittleNew York Court of Appeals · 1897
  2. Kearney v. . CruikshankNew York Court of Appeals · 1889
  3. In Re the Construction of the Will of MaybaumNew York Court of Appeals · 1947
  4. In Re the Estate of ColeNew York Court of Appeals · 1916
  5. In re the Application to Compel Payment in the Estate of FischerAppellate Division of the Supreme Court of the State of New York · 1941

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

3Cited by1 opinion

  1. In re the Estate of MessnerAppellate Division of the Supreme Court of the State of New York · 1966

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