Legal Opinion

In re the Construction of the Will of Jacob

New York Surrogate's Court

Decided April 1, 1960Published

1Opinion of the Court

Joseph A. Cox, S.

In this proceeding for construction of the will the court is asked to define the nature and extent of the *275remainder of the residuary trust passing in accordance with the instructions contained in the following text and to determine whether the interest of the testator’s son in the bequest was vested and not defeated by his failure to survive his mother, the life beneficiary. “ Fourth: All the rest, residue and

remainder of my estate, real, personal and mixed, of every kind and nature and wheresoever situated, I give to my executors, in trust however, for the following uses and…

2Cases cited5 opinions

  1. In Re Proving the Will of MountNew York Court of Appeals · 1906
  2. Matter of TrevorNew York Court of Appeals · 1924
  3. In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1923
  4. Dupre v. ThompsonNew York Supreme Court · 1850
  5. In re the Estate of HirshonNew York Surrogate's Court · 1958

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