In re the Estate of Graham
New York Surrogate's Court
1Opinion of the Court
Wingate, S.
Harold Graham, the son of the testatrix, having actually attained the age of twenty-one years during the lifetime *629of his mother, the trust provisions contained in paragraph “ fourth ” of the instant will thereupon became ineffective, and the will must now be read as though such provisions were not therein contained. (Matter of Pilsbury, 50 Misc. 367; affd., 186 N. Y. 545; Hughes v. Mackin, 16 App. Div. 291; Matter of Arensberg, 120 id. 463; Matter of Murray, 124 id. 548.)
The “ fifth ” paragraph of the will reads as follows:
“ Fifth. The remaining one quarter (|) part of my estate, I…
2Cases cited7 opinions
- Matter of WentworthNew York Court of Appeals · 1920
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- Lyons v. . OstranderNew York Court of Appeals · 1901
- In Re the Accounting of HarteauNew York Court of Appeals · 1912
- In re the Probate of the Paper Offered for Probate as the Last Will & Testament of PilsburyNew York Surrogate's Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Estate of HannaNew York Surrogate's Court · 1935
- In re the Estate of MatthiessenNew York Surrogate's Court · 1940
- In re the Estate of PaineNew York Surrogate's Court · 1980
- Fleming v. Bank of MadisonWisconsin Supreme Court · 1968
- In re the Accounting of SchulzeNew York Surrogate's Court · 1958
1 more not listed; retrieve them via the Exa API.