Legal Opinion

In re the Will of Lambert

New York Surrogate's Court

Decided March 1, 1944PublishedCited by 3 opinions

1Opinion of the Court

Foley, S.

This proceeding for the construction of the will was initiated by Martha Lambert, the widow of the testator and a beneficiary of the residuary trust. The income of th'e trust was directed to be paid to the petitioner “ during the term of her natural life, or until she shall re-marry.” She contends that the limitation upon the gift invalidly restraining her remarriage is contrary to public policy and void.

The decedent was survived by his widow, petitioner, and a daughter. Upon the happening of either of the events specified for the termination of the trust for the widow, the income is…

2Cases cited33 opinions

  1. In Re Proving the Will of MountNew York Court of Appeals · 1906
  2. Matter of TrevorNew York Court of Appeals · 1924
  3. Robinson v. . MartinNew York Court of Appeals · 1910
  4. Matter of ByrnesNew York Court of Appeals · 1933
  5. Matter of GallienNew York Court of Appeals · 1928

28 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Estate of SchwimmerNew York Surrogate's Court · 1944
  2. Shackleton v. Food Machinery And Chemical CorporationCourt of Appeals for the Seventh Circuit · 1960
  3. Shackleton v. Food Machinery & Chemical Corp.Court of Appeals for the Seventh Circuit · 1960

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