Legal Opinion

In re the Estate of Frank

New York Surrogate's Court

Decided August 22, 1963Published

1Opinion of the Court

John D. Bennett, S.

In this accounting proceeding a construction of the will has been requested by supplemental petition.

The testatrix died on April 2, 1942. By paragraph Fifth of the will, as amended by a subsequent codicil, a bequest of $20,000 was given in trust for the benefit of testatrix’ sister, the remainder to be added to the residuary estate.

The testatrix directed that her residuary estate be divided into two equal shares, one share to be held in trust for her daughter, and the other for her son, now deceased, and in the case of her son, for the further life of his wife Bess. The…

2Cases cited5 opinions

  1. Matter of DurandNew York Court of Appeals · 1928
  2. In re HornidgeNew York Surrogate's Court · 1929
  3. In Re the Accounting of ProssNew York Court of Appeals · 1936
  4. In re the Construction of the Will of SamuelsNew York Surrogate's Court · 1954
  5. In re the Estate of OppenheimNew York Surrogate's Court · 1941

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