Legal Opinion

In re the Estate of Lyon

New York Surrogate's Court

Decided July 12, 1948Published

1Opinion of the Court

Barnes, S.

William W. Lyon died some twenty-one years ago, leaving a will in which he gave his widow “ the use of all the rest of my property * * * with the right to nse such portion of the principal as she may deem necessary for her comfortable support.”’ The remainder after the widow’s death was devised to the decedent’s son.

Shortly thereafter, the widow and the son entered into an agreement whereby the widow placed the sum of $8,381 in a trust fund in a bant under the terms of which the widow received the life use and the son received the remainder. There is proof here that there remained…

2Cases cited6 opinions

  1. Vincent v. RixNew York Court of Appeals · 1928
  2. City Bank Farmers Trust Co. v. SmithNew York Court of Appeals · 1934
  3. In re the Estate of HaydenNew York Surrogate's Court · 1939
  4. In Re the Will of WoollardNew York Court of Appeals · 1946
  5. In re the Construction of the Last Will & Testament of SievertAppellate Division of the Supreme Court of the State of New York · 1935

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