Legal Opinion
In re Will of Larkin
New York Court of Appeals
Decided January 19, 1961PublishedCited by 62 opinions
1Opinion of the CourtBurke, J.
The question is whether, in regard to the trust provisions of the last will and testament of John J. Larkin, the eleventh paragraph is to be construed as mere surplusage or as a substitutionary gift (to the descendants of a remainderman) conditioned upon the death of a remainderman during the enjoyment of the life estate (i.e., subsequent to the death of the testator). Stated another way—was the remainder interest of John V. Larkin indef easibly vested at the death of the testator *90so that it would pass to his wife under his will, rather than to his descendants as a substitutional gift under…
2Cases cited13 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Roe v. . VingutNew York Court of Appeals · 1889
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Williams v. . JonesNew York Court of Appeals · 1901
- Lyons v. . OstranderNew York Court of Appeals · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- In re CarmerNew York Court of Appeals · 1988
- Matter of BieleyNew York Court of Appeals · 1998
- In re the Estate of BellowsAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of McCabeAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Estate of SymondsAppellate Division of the Supreme Court of the State of New York · 1981
57 more not listed; retrieve them via the Exa API.