Legal Opinion
In re the Final Judicial Settlement of the Account of Proceedings of Peck
New York Surrogate's Court
Decided December 6, 1928PublishedCited by 8 opinions
1Opinion of the Court
Slater, S.
On this accounting the court is called upon to construe the decedent’s will in so far as it affects the final disposition of the corpus of the trust created by the will. The whole estate is claimed by decedent’s nephew on the theory that the decedent died intestate as to this portion of his estate, while, on the other hand, it is claimed by Agnes J. Provoost by virtue of being the residuary beneficiary under the will of the widow.
Paragraphs “ third ” and “ fourth ” of the will affect the questions involved. They are as follows:
“ Third. All the rest, residue and remainder of my…
2Cases cited11 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
- United States Trust Company of New York v. . TaylorNew York Court of Appeals · 1922
- In Re the Will of AllenNew York Court of Appeals · 1923
- In re the Judicial Settlement of the Account of Proceedings of GoldmarkAppellate Division of the Supreme Court of the State of New York · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of LeonardNew York Surrogate's Court · 1932
- In re McGowanNew York Surrogate's Court · 1929
- In re the Estate of HilliardNew York Surrogate's Court · 1937
- In re the Estate of MeyerNew York Surrogate's Court · 1937
- In re the Construction of the Will of BatesNew York Surrogate's Court · 1946
3 more not listed; retrieve them via the Exa API.