Legal Opinion

In re the Estate of Harris

New York Surrogate's Court

Decided January 23, 1979PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward M. Horey, S.

In this construction proceeding, initiated by the executor of decedent’s will, the first question presented relates to the disposition of the decedent’s real property.

The evidence is that at the time she drew her will in 1957, the decedent owned a house and lot at 31 Maple Street, Salamanca, New York.

Under paragraph "third” of her will, she devised to Lee Foey Harris, "my house and lot at 31 Maple Street, Salamanca, New York, during the term of his natural life, and at his death, I give, devise the same to his children, share and share alike.”

In 1971,…

2Cases cited14 opinions

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. In Re the Accounting of BrannNew York Court of Appeals · 1916
  3. In Re the Accounting of National Bank & Trust Co.New York Court of Appeals · 1931
  4. Ametrano v. . DownsNew York Court of Appeals · 1902
  5. In re the Estate of DammannNew York Court of Appeals · 1963

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3Cited by2 opinions

  1. In re the Estate of ShannonAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re the Estate of BakerNew York Surrogate's Court · 1980

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