Legal Opinion
In re the Accounting of Goldstein
New York Surrogate's Court
Decided February 7, 1949PublishedCited by 2 opinions
1Opinion of the Court
Collins, S.
The executors request a construction of paragraphs fifteenth and sixteenth of decedent’s will in connection with their final accounting. The decedent divided the residue of his estate into 100 equal parts. In paragraph fifteenth he gave five of these parts to a niece, Hilda Classens, who predeceased him. The legacy being to a niece does not come within the saving provisions of section 29 of the Decedent Estate Law and therefore lapsed and passed by intestacy.
In paragraph sixteenth of his will the decedent attempted to create a trust of fifteen parts of the residue “ to pay the net…
2Cases cited6 opinions
- Wright v. . WrightNew York Court of Appeals · 1919
- In Re the Estate of HayesNew York Court of Appeals · 1934
- In Re the Estate of BeekmanNew York Court of Appeals · 1921
- In re the Judicial Settlement of the Account of Proceedings of IngersollAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Estate of MorrisonNew York Surrogate's Court · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. CorcilloNew York Supreme Court · 1949
- In re the Accounting of HumphreyNew York Surrogate's Court · 1957