Legal Opinion
In re the Construction of the Will of Morgan
New York Surrogate's Court
Decided September 24, 1951PublishedCited by 2 opinions
1Opinion of the Court
Witmer, S.
Construction is sought herein of paragraph “ Fifth ” of testator’s will in which he provided that the remainder of his estate be used in the creation of a charitable trust for educational purposes. Petitioner, as distributee, contends that no valid trust is created by said paragraph and that the residue of the estate passes as intestate property. The testamentary provision in question is as follows: “ Fifth. All the rest, residue and remainder of my estate, both real and personal, I give and bequeath to Willis E. Whitcomb of 96 Oakdale Drive and Jonas P. Belin of 107 Oakdale Drive,…
2Cases cited5 opinions
- In re the Judicial Settlement of the Account of Proceedings of DavidgeAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Construction of the Will of EversonAppellate Division of the Supreme Court of the State of New York · 1944
- In re the Probate of the Will of LewisNew York Surrogate's Court · 1950
- In re the Will of AntoniNew York Surrogate's Court · 1946
- In Re the Construction of the Will of EversonNew York Court of Appeals · 1945
3Cited by2 opinions
- In Re Estate of PierceSupreme Court of Iowa · 1953
- Randolph Fndn. v. Appeal Fr. Prob., No. X05 Cv 98-0167903 S (Apr. 3, 2001)Connecticut Superior Court · 2001