Legal Opinion

In re the Construction of the Will of Stout

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

Decided March 19, 1956PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding for the construction of a will, petitioner, who is the income beneficiary of a trust thereby created, The Theosophy Company, Inc., which is a remainderman, and the Attorney-General of the State of New York appeal from a corrected decree of the Surrogate’s Court, Queens County, dated March 11, 1955. Petitioner also appeals from the original decree dated February 4, 1955. The corrected decree construed the will, declared valid a provision thereof which provides that a trustee named in the will may, upon the death of the income beneficiary, “pay to such person or persons as may…

2Cases cited3 opinions

  1. In Re Proving the Will of MountNew York Court of Appeals · 1906
  2. Scott v. . OnderdonkNew York Court of Appeals · 1856
  3. In re the Construction of the Will of StoutNew York Surrogate's Court · 1954

3Cited by3 opinions

  1. In re the Estate of BertramNew York Surrogate's Court · 1976
  2. In re the Estate of SwettAppellate Division of the Supreme Court of the State of New York · 1976
  3. In re the Estate of FleshlerNew York Surrogate's Court · 1998

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