Legal Opinion

In re the Estate of Hewlett

New York Surrogate's Court

Decided February 15, 1974Published

1Opinion of the Court

John D. 'Bennett, S.

The petition in this trust account requests various relief including a construction and final allocation of estate taxes and capital gains taxes paid by the trust.

The construction question concerns the bequest of a one-quarter share of the remainder in the following language: ‘£ Upon the death of the said selina f. Hewlett, I direct my said Trustees to divide the trust hereby created into four (4) equal parts, or shares, and I hereby give and bequeath one of such equal parts, or shares, unto my cousin, charles h. sprague, or if he be dead, to his child, or children, and…

2Cases cited5 opinions

  1. In re the Will of BlumenthalNew York Surrogate's Court · 1943
  2. In Re the Will of BlumenthalNew York Court of Appeals · 1944
  3. In re DettmerNew York Surrogate's Court · 1943
  4. In re GatesAppellate Division of the Supreme Court of the State of New York · 1934
  5. In re the Estate of EidlitzNew York Surrogate's Court · 1959

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