Legal Opinion

In re the Accounting of Gunther

New York Surrogate's Court

Decided January 27, 1948PublishedCited by 3 opinions

1Opinion of the Court

Boylan, S.

On this final accounting the executor seeks a construction of paragraph Third of testatrix’s will which was executed on October 19,1942. The paragraph in question reads as follows: “All the rest, residue and remainder of my estate, real and personal, of whatsoever kind and nature, and wheresoever found, I give, devise and bequeath to Ralph Gunther in trust nevertheless to distribute and make over the same to the persons whom I have indicated to him during my lifetime.” An unwitnessed paper entitled “Directions to Ralph Gunther” is attached to the account. This paper, dated “ April…

2Cases cited21 opinions

  1. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  2. Matter of Will of O'HaraNew York Court of Appeals · 1884
  3. Holland v. . AlcockNew York Court of Appeals · 1888
  4. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  5. Brown v. . ClarkNew York Court of Appeals · 1879

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3Cited by3 opinions

  1. In re the Construction of the Will of BehnNew York Surrogate's Court · 1951
  2. In re the Construction of the Will of FrickeyNew York Surrogate's Court · 1950
  3. In re the Probate of the Will of BrownNew York Surrogate's Court · 1957

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