Legal Opinion

In re the Construction of the Will of Burton

New York Surrogate's Court

Decided May 18, 1959Published

1Opinion of the Court

Joseph A. Cox, S.

This application is brought for construction of the fifth paragraph of the decedent’s will which reads as follows: “ fifth. All the rest, residue and remainder of my estate of whatsoever kind and nature and wheresoever situate, I give and bequeath unto my executrix hereinafter named, requesting her to distribute the same either in cash or in kind as she alone may deem advisable and proper for the benefit and general welfare of the patients at St. Albans Hospital, Long Island, New York, this being my express desire, as I believe it will accomplish great benefit to the War…

2Cases cited5 opinions

  1. Forster v. . WinfieldNew York Court of Appeals · 1894
  2. Christman v. RoeschAppellate Division of the Supreme Court of the State of New York · 1909
  3. Christman v. . RoeschNew York Court of Appeals · 1910
  4. In re the Construction of the Will of MurrayNew York Surrogate's Court · 1948
  5. In re the Will of LehmaierNew York Surrogate's Court · 1944

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