Legal Opinion

In re the Estate of Wagener

New York Surrogate's Court

Decided January 3, 1969Published

1Opinion of the Court

Jerome B. E. Wolff, S.

The decedent died on July 23, 1947 a resident of Tates County and his last will and testament was duly admitted to probate on August 9,1947.

The decedent in the ‘ ‘ Third ’ ’ paragraph of his will provided a trust for Mary Elizabeth Carroll in the amount of $12,000 a year for her life. In paragraph “ Fifth ” he gave certain specific bequests. In paragraph “ Seventh ” he gave a life estate of the net annual income of his estate to his wife, Mabel Boss Wagener. In paragraph “ Twelfth” the decedent provided, upon the death or remarriage of his wife, under subparagraph ‘ ‘ A…

2Cases cited8 opinions

In re the Estate of SmallmanNew York Surrogate's Court · 1931
In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1909
In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1919
In re the Judicial Settlement of the Account of Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
In Re the Accounting of McNaierNew York Court of Appeals · 1926

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