Legal Opinion

In re the Construction of the Last Will & Testament of Althaus

New York Surrogate's Court

Decided December 15, 1915PublishedCited by 1 opinion

Proceeding for the construction of a will.

1Opinion of the Court

Schulz, S.

—The will of the decedent which has been duly admitted to probate in this court among other provisions contains the following: Thirteenth. I give and bequeath the mortgage now held by me on premises East 17th Street, Borough of Manhattan, City of Rew York, on which there is now unpaid the sum of Forty-five thousand ($4-5,000.) Dollars, to my *253daughters Lena Smith and Elizabeth Ochse, absolutely, in equal shares, and share alike.”

It appears to be conceded that interest upon the principal of the mortgage in question was payable on May first and November first of each year. The decedent…

2Cases cited12 opinions

  1. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  2. Phillips v. . DaviesNew York Court of Appeals · 1883
  3. Robinson v. . MartinNew York Court of Appeals · 1910
  4. Foulds v. KingAppellate Division of the Supreme Court of the State of New York · 1907
  5. In re the Judicial Settlement of the Account of SolomonAppellate Division of the Supreme Court of the State of New York · 1914

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3Cited by1 opinion

  1. In re the Estate of AmanNew York Surrogate's Court · 1938

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