Legal Opinion
In re the Estate of Oakley
New York Surrogate's Court
Decided December 11, 1940PublishedCited by 4 opinions
1Opinion of the Court
Taylor, S.
Following a direction for the payment of debts and funeral expenses, the will sets up a legacy of $2,500 for the decedent’s adopted daughter, “ upon condition, however, that the said sum does not exceed one-half of my residuary estate, and if the said sum of Two Thousand Five Hundred Dollars ($2500.00) exceeds the one-half of my said estate, then and in that event the legacy so bequeathed to my adopted daughter shall be an amount pro rated with the amount received by the residuary legatee hereinafter named.” The residue of the estate is given and devised to the testator’s sister.
The…
2Cases cited10 opinions
- In Re the Accounting of KingNew York Court of Appeals · 1910
- In Re the Accounting of SickelsNew York Court of Appeals · 1938
- In re the Estate of ByrnesNew York Surrogate's Court · 1933
- In Re the Accounting of FrankenheimerNew York Court of Appeals · 1909
- In re the Estate of FisherNew York Surrogate's Court · 1936
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Estate of PetersNew York Surrogate's Court · 1949
- In re the Estate of GeltmanNew York Surrogate's Court · 1949
- Bertha Lemle v. United StatesCourt of Appeals for the Second Circuit · 1978
- In re the Estate of GoutmanovitchNew York Surrogate's Court · 1980