Legal Opinion

In re the Estate of Palmer

New York Surrogate's Court

Decided January 24, 1935PublishedCited by 1 opinion

1Opinion of the Court

Delehanty, S.

On this trustees’ accounting a construction of the will is sought,-particularly with respect to the validity of the exercise of a power of appointment granted by deceased’s will to her son. The son died testate, a resident of another State. His *706will makes no specific reference to the power of appointment but the tenor of his will requires the holding that he has exercised the power. (Pers. Prop. Law, § 18; Lockwood v. Mildeberger, 159 N. Y. 181; McLean v. McLean, 174 App. Div. 152; affd., 223 N. Y. 695; Matter of Mann, 138 Misc. 42.) In determining the validity of the disposal of…

2Cases cited9 opinions

  1. In re HornidgeNew York Surrogate's Court · 1929
  2. Hillen v. . IselinNew York Court of Appeals · 1895
  3. Lockwood v. . MildebergerNew York Court of Appeals · 1899
  4. McLean v. McLeanAppellate Division of the Supreme Court of the State of New York · 1916
  5. In re the Estate of MannNew York Surrogate's Court · 1930

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3Cited by1 opinion

  1. In re the Estate of BearnsNew York Surrogate's Court · 1945

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