In re the Estate of Moncrief
New York Surrogate's Court
Proceedings upon the judicial settlement of the accounts of an executor of a deceased executrix, and of an administrator c. t. a.
1Opinion of the Court
Cohalan, S.
I shall refer in this memorandum only to such facts as are essential to a consideration of the issue of egitimacy. It is unnecessary to mention any name other than that of the decedent.
Under paragraph 5 of the will the remainder was given to the grandnieces or grandnephews of the decedent, who survived her two nieces and nephews. There was only one grandniece and she predeceased the survivor of the niece and nephew. The situation that arose upon the death of the survivor of the nieces and nephews *99was not provided for in the will. Therefore, the testatrix died intestate as to the…
2Cases cited6 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- Olmsted v. . OlmstedNew York Court of Appeals · 1908
- Grinnell v. HowlandNew York Supreme Court · 1906
- Houle v. HouleNew York Supreme Court · 1917
- In re the Estate of LauerNew York Surrogate's Court · 1912
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