Legal Opinion

In re the Estate of Hamilton

New York Surrogate's Court

Decided December 19, 1974PublishedCited by 1 opinion

1Opinion of the Court

Edward M. Horey, S.

The proceeding is one for a construction of the last will and testament of the decedent, George S. Hamilton.

The issue raised is one of abatement of legacies.

The facts prompting the construction and giving rise to the issues are as follows: George S. Hamilton, the decedent, was married twice in his lifetime. No children were born of either marriage. Decedent was survived by only his second wife, Ethel Clark (Mather) Hamilton. This surviving wife had been previously married to a man named Mather. Born of her first marriage was a son, Robert Mather. Robert Mather married and…

2Cases cited11 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. Crawford v. . McCarthyNew York Court of Appeals · 1899
  3. In re the Judicial Settlement of the Account of Proceedings of LlyodAppellate Division of the Supreme Court of the State of New York · 1915
  4. In Re the Will of LindewallNew York Court of Appeals · 1942
  5. Rowe v. LansingNew York Supreme Court · 1889

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3Cited by1 opinion

  1. In re the Estate of DuckmanNew York Surrogate's Court · 1981

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