Legal Opinion

In re Proving the Last Will & Testament of Enright

New York Surrogate's Court

Decided November 15, 1919PublishedCited by 4 opinions

Proceedings on the construction of a will in an uncontested probate.

1Opinion of the Court

Schulz, S.

It appears from the petition that the decedent at the time of her death was seized and possessed of real property only. The propounded paper does not nominate an executor and is offered for probate by her only heir at law and next of kin, a sister, Mary Enright, also known as Maria Enright. In her petition the latter prays that the instrument be admitted to probate as a will of real property and for a construction upon the ground that there is doubt

*338as to whether, under the terms of the instrument, she takes a life estate or a fee simple in the real estate of the decedent. I have…

2Cases cited8 opinions

  1. Cammann v. . BaileyNew York Court of Appeals · 1913
  2. Clay v. . WoodNew York Court of Appeals · 1897
  3. In Re the Final Accounting of GardnerNew York Court of Appeals · 1893
  4. In Re the Accounting of Ithaca Trust Co.New York Court of Appeals · 1917
  5. Crain v. . WrightNew York Court of Appeals · 1889

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

3Cited by4 opinions

  1. In re the Estate of DeanNew York Surrogate's Court · 1938
  2. In re the Construction of the Will of FeeneyNew York Surrogate's Court · 1924
  3. In re the Estate of MarsulloNew York Surrogate's Court · 1936
  4. In re the Judicial Settlement of the Account of the of the Last Will of GaffneyNew York Surrogate's Court · 1919

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