In re the Estate of Rutherford
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a will construction proceeding, the petitioner appeals from a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated February 27, 1986, which, inter alia, invalidated the will of the decedent Dorothy Rutherford, *313determined that intestacy resulted, and denied the petitioner’s application to impose a constructive trust.
Ordered that the decree is affirmed, without costs or disbursements.
In 1981, the decedent and her husband executed a joint will leaving all of their property to each other and appointing each other executor and executrix, respectively. The will further provided…
2Cases cited12 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- In re the Estate of ThallNew York Court of Appeals · 1966
- In re the Accounting of the Marine Midland Trust Co.Appellate Division of the Supreme Court of the State of New York · 1971
- In re the Accounting of the Marine Midland Trust Co.New York Court of Appeals · 1972
- In Re the Accounting of Chase National BankNew York Court of Appeals · 1935
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3Cited by8 opinions
- In re the Estate of LubinsNew York Surrogate's Court · 1997
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- CANANDAIGUA NATIONAL BANK AND TRUST, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2014
- In re CincottaAppellate Division of the Supreme Court of the State of New York · 2013
- In re CincottaAppellate Division of the Supreme Court of the State of New York · 2013
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