Legal Opinion

In re the Estate of Mitjana

New York Surrogate's Court

Decided December 11, 1962Published

1Opinion of the Court

S. Samuel Di Falco, S.

In this proceeding to settle the account of an executor questions of construction have been raised which require determination because of the renunciation by the testatrix’ two sisters, Anna and Alida of their interest in the estate.

In paragraph First of her will the testatrix bequeathed and devised her entire estate to her trustees for the use and benefit of her sisters Anna and Alida during their lives. Under the provisions of the trust created the testatrix directed that the income thereon be paid to them share and share alike for their lives. Upon the death of…

2Cases cited5 opinions

  1. Matter of WentworthNew York Court of Appeals · 1920
  2. Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
  3. In Re the Accounting of HarteauNew York Court of Appeals · 1912
  4. In re the Construction of the Will of SuterNew York Surrogate's Court · 1955
  5. In re the Estate of SingerNew York Surrogate's Court · 1962

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