Legal Opinion

In re the Estate of Markus

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

Decided December 10, 1992Published

1Opinion of the Court

Decree, Surrogate’s Court, Bronx County (Lee L. Holzman, S.), entered February 18, 1992, construing decedent’s will to provide that Gisela Gall is the sole residuary beneficiary entitled to receive the entire residuary estate, unanimously affirmed, without costs.

At issue in this construction proceeding is the residuary clause of decedent’s will, which provides:

"Third: All the rest, residue and remainder of my real and personal property of which I shall die seized or possessed, or to which I may in any wise be entitled at the time of my death, of whatsoever nature, I give, devise and bequeath…

2Cases cited2 opinions

  1. In re the Estate of KindermannNew York Court of Appeals · 1968
  2. In re the Estate KindermannAppellate Division of the Supreme Court of the State of New York · 1967

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