Legal Opinion

In re the Estate of Drake

New York Surrogate's Court

Decided December 15, 1923PublishedCited by 3 opinions

Proceeding on an accounting and for construction of a will.

1Opinion of the Court

Foley, S.

In this accounting proceeding a construction pf the will is asked and approval is requested of the sale of stock belonging to the estate. After making certain pecuniary bequests, the will directs a number of shares of stock in a restaurant corporation in New York city, or the proceeds thereof, if sold, to be divided equally into two trusts.

The testatrix’s direction in relation to the first trust is that the income thereof was payable to her son, Ralph B. Drake, for his life. Upon his death the principal was directed to be paid to his children. If none were living at his death, the…

2Cases cited9 opinions

  1. In Re Proving the Will of MountNew York Court of Appeals · 1906
  2. Matter of WentworthNew York Court of Appeals · 1920
  3. In Re the Estate of ColegroveNew York Court of Appeals · 1917
  4. Metcalfe v. . Union Trust Co.New York Court of Appeals · 1905
  5. In re Franklin Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920

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

3Cited by3 opinions

  1. In re the Will of RothNew York Surrogate's Court · 1944
  2. In re the Estate of CaldwellNew York Surrogate's Court · 1957
  3. In re the Estate of WallaceNew York Surrogate's Court · 1976

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