Legal Opinion
In re the Last Will & Testament & Codicils of Bertuch
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1928PublishedCited by 8 opinions
1Opinion of the Court
Order of the Surrogate’s Court of Suffolk county, made on the 10th day of September, 1928, denying the applications of appellants to direct the trustees to pay to them the principal sum bequeathed to each for the purchase of an annuity, reversed upon the law, without costs, and applications granted, without costs. Since the testamentary gift of an annuity must be regarded as a legacy of the definite sum required to purchase it (Matter of Cole, 174 App. Div. 534; affd., 219 N. Y. 435; Reid v. Brown, 54 Misc. 481), the subsequent provisions in the will that the direction to the executors and…
2Cases cited4 opinions
- In Re the Estate of ColeNew York Court of Appeals · 1916
- Reid v. BrownNew York Supreme Court · 1907
- In re the Estate of ColeAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Last Will & Testament & Codicils of BertuchNew York Surrogate's Court · 1928
3Cited by8 opinions
- Morgenthaler v. First Atlantic National BankSupreme Court of Florida · 1955
- Gilbert v. Findlay CollegeCourt of Appeals of Maryland · 1950
- In re the Application to Compel Payment in the Estate of FischerAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Intermediate Judicial Settlement of the Account of Proceedings of City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1932
- In re the Estate of SimeoneNew York Surrogate's Court · 1931
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