Legal Opinion
In re the Estate of Merritt
New York Surrogate's Court
Decided February 3, 1944PublishedCited by 6 opinions
1Opinion of the Court
Feely, S.
This petition by the executor to compel a legatee to give a restitution bond before receiving a specified house with its furniture and equipment makes it necessary to construe the last will of this testator in order to ascertain what, if any, his intention was in this respect, before resorting to the general rules of the law, and particularly those relating to legal life estates, that may be applicable directly or by analogy to the peculiar state of facts presented herein, although the legacy appears to be one of a fee upon condition subsequent, with remainder over, rather than one…
2Cases cited39 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Bliven v. . SeymourNew York Court of Appeals · 1882
- Tyson v. . BlakeNew York Court of Appeals · 1860
- In Re the Judicial Settlement of the Accounts of McDougallNew York Court of Appeals · 1894
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3Cited by6 opinions
- In re the Accounting of New York Trust Co.New York Surrogate's Court · 1951
- In re the Construction of the Will of StukaloNew York Surrogate's Court · 1957
- In re the Accounting of ChiproutNew York Surrogate's Court · 1957
- In re the Accounting of Rochester Trust & Safe Deposit Co.New York Surrogate's Court · 1945
- In re the Construction of the Will of BrownNew York Surrogate's Court · 1950
1 more not listed; retrieve them via the Exa API.