Legal Opinion

In re the Accounting of Gallagher

New York Surrogate's Court

Decided July 18, 1949PublishedCited by 3 opinions

1Opinion of the Court

Savarese, S.

Incidental to the judicial settlement of his account, the executor seeks a construction of two paragraphs of the will to determine to whom a legacy of $1,000 and half the residue are payable. Testatrix died November 6, 1945, leaving a will dated July 29,1942. The paragraphs of the will requiring construction read as follows:

“ Sixth: I give and bequeath unto my beloved sister, Anna Maria Hedwig Muller of Urspringen Bayern, Unterfrahken, Germany, the sum of One Thousand ($1,000.00) Dollars, to be hers absolutely and forever, upon the following conditions:
“ That at the time of the…

2Cases cited5 opinions

  1. Ludecke v. WatkinsSupreme Court of the United States · 1948
  2. In re the Accounting of HeyeNew York Supreme Court · 1949
  3. In re the Will of BerkelNew York Surrogate's Court · 1944
  4. In re the Accounting of Irving Trust Co.New York Surrogate's Court · 1945
  5. In re the Estate of CarringtonNew York Surrogate's Court · 1948

3Cited by3 opinions

  1. First National Bank v. KirschmannSupreme Court of Minnesota · 1959
  2. In Re Trusteeship Under Will of SchmidtSupreme Court of Minnesota · 1959
  3. Kammholz v. AllenDistrict Court, S.D. New York · 1957

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