Legal Opinion

In re the Estate of Webb

New York Surrogate's Court

Decided December 15, 1923PublishedCited by 25 opinions

1Opinion of the Court

Foley, S.

This is a contested probate proceeding. At the completion of the trial, three questions of law remain for my determination: Is the script offered wholly void because it contains an invalid trust for unnamed beneficiaries of all the property? Is it a conditional will? Shall the will be admitted to probate?

Neither the proponent nor the contestants have requested a construction of tho propounded paper. The surrogate suggested to the parties that such a request be made, but neither side took advantage of that suggestion. The surrogate is authorized, in a probate proceeding, to determine…

2Cases cited19 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
  3. In re Proving the Last Will & Testament of HermannAppellate Division of the Supreme Court of the State of New York · 1917
  4. In Re Proving the Will of HermannNew York Court of Appeals · 1917
  5. Reynolds v. . ReynoldsNew York Court of Appeals · 1918

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Manion v. Peoples Bank of JohnstownNew York Court of Appeals · 1944
  2. In re the Estate of EnrightNew York Surrogate's Court · 1931
  3. In re the Estate of LachmanNew York Surrogate's Court · 1979
  4. In re the Estate of TremainNew York Surrogate's Court · 1938
  5. In re the Estate of ZurkowNew York Surrogate's Court · 1973

20 more not listed; retrieve them via the Exa API.

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