Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Lutz

New York Surrogate's Court

Decided January 15, 1924PublishedCited by 1 opinion

1Opinion of the Court

Schulz, S.

A construction of the last will and testament of the testatrix is made necessary by the language of paragraph 6 of her will which is as follows: “ In the event of the death of any of my children either before or after my decease leaving issue surviving, it is my wish and Will and I do hereby so direct that such issue of such deceased child shall receive share and share alike, the share or interest in my estate which such deceased child would have had or received under any of the terms or provisions of this my Will if living.”

The testatrix died leaving her surviving six children all…

2Cases cited9 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
  3. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  4. In Re the Will of BumpNew York Court of Appeals · 1922
  5. Bowditch v. . AyraultNew York Court of Appeals · 1893

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3Cited by1 opinion

  1. In re the Accounting of MattsonNew York Surrogate's Court · 1958

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