Legal Opinion
In re the Estate of Gans
New York Surrogate's Court
Decided May 19, 1986Published
1Opinion of the Court
OPINION OF THE COURT
Marie M. Lambert, S.
In this accounting proceeding, the trustee has petitioned for *427a construction of the will as well as to judicially settle the final account. The construction question raised is whether or not a child born out of wedlock to the son of the testatrix is entitled to inherit under the class of individuals referred to as "issue”.
The will in question was executed on May 13, 1930 and probated in this court on October 19, 1936. Pursuant to the terms of the will, the decedent set up a trust for her son, Herbert Gans. Upon the death of Herbert Gans, which occurred…
2Cases cited14 opinions
- Shelley v. KraemerSupreme Court of the United States · 1948
- Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- Glona v. American Guarantee & Liability InsuranceSupreme Court of the United States · 1968
- Labine v. VincentSupreme Court of the United States · 1971
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