Legal Opinion

In re the Estate of Graham

New York Surrogate's Court

Decided November 25, 1932PublishedCited by 6 opinions

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

  1. Matter of WentworthNew York Court of Appeals · 1920
  2. Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
  3. Lyons v. . OstranderNew York Court of Appeals · 1901
  4. In Re the Accounting of HarteauNew York Court of Appeals · 1912
  5. 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

  1. In re the Estate of HannaNew York Surrogate's Court · 1935
  2. In re the Estate of MatthiessenNew York Surrogate's Court · 1940
  3. In re the Estate of PaineNew York Surrogate's Court · 1980
  4. Fleming v. Bank of MadisonWisconsin Supreme Court · 1968
  5. In re the Accounting of SchulzeNew York Surrogate's Court · 1958

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

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