Legal Opinion
In re the Estate of Dettmer
New York Surrogate's Court
Decided October 20, 1941PublishedCited by 4 opinions
1Opinion of the Court
Wingate, S.
The present issue relates merely to the propriety of certain allegations in the answers of two respondents. Motions *351have been made to strike out these allegations pursuant to the provisions of rule 103 of tho Rules of Civil Practice, which authorize such action where matter contained in a pleading is frivolous or irrelevant.
The ultimate issue in the proceeding concerns the validity of a gift of a portion of the residue of the estate under the “ sixth ” item of the will. This item erected a trust for the lives of two children of the deceased, who have now died, and directed that…
2Cases cited9 opinions
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- In Re the Will of FletcherNew York Court of Appeals · 1939
- Fowler v. . CoatesNew York Court of Appeals · 1911
- Beardslee v. BeardsleeNew York Supreme Court · 1849
- In re the Judicial Settlement of the Intermediate Account of Van DerveerNew York Surrogate's Court · 1923
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3Cited by4 opinions
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In re Mabel Nellis Athletic Fund of Canajoharie Central School DistrictNew York Surrogate's Court · 1964
- In re the Estate of DettmerNew York Surrogate's Court · 1942
- In re the Accounting of FiskNew York Surrogate's Court · 1952