Legal Opinion

In re the Accounting of Hicks

New York Surrogate's Court

Decided February 28, 1957PublishedCited by 2 opinions

1Opinion of the Court

Christopher C. McGrath, S.

In this accounting proceeding a construction of paragraph “ Eighth ” and “ Ninth ” of the will is sought.

The pertinent portion of paragraph “Eighth” reads as follows: “ (a) I give, devise and bequeath one-third (%) of the real estate of which I die seized to my daughter, Mary V. Hicks.”

Mary V. Hicks, predeceased the testator. Since she was not survived by a child or other descendant, section 29 of the Decedent Estate Law has no application, and the gift to her under paragraph “ Eighth ” lapses and falls into the residuary estate (Matter of Phelps, 133 Misc. 450).

Parag…

2Cases cited6 opinions

Matter of HoffmanNew York Court of Appeals · 1911
In Re the Accounting of KingNew York Court of Appeals · 1910
In re the Estate of BarrettAppellate Division of the Supreme Court of the State of New York · 1909
In re the Judicial Settlement of the Final Account of Proceedings of BirchNew York Surrogate's Court · 1929
In re the Judicial Settlement of the Final Account of Proceedings of YoungNew York Surrogate's Court · 1928

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

In re the Estate of ReichsteinNew York Surrogate's Court · 1974
In re the Estate of CourtoisNew York Surrogate's Court · 1964