Legal Opinion
In re the Estate of Gaubert
New York Surrogate's Court
Decided January 9, 1936PublishedCited by 5 opinions
1Opinion of the Court
Wingate, S.
The mother of the testatrix has appeared herein and objected that the provisions of the present will are violative of section 17 of the Decedent Estate Law.
The value of the gross estate of the testatrix at the date of her death was $69,757.19. The net estate for the purposes of the present problem is the gross estate, less debts ($555.56), or the sum of $69,201.63, one-half of which ($34,600.82) is the maximum that the charity-beneficiary may receive in view of the objections raised.
The corpus of the trust in which the mother of the testatrix is given a life interest is determined…
2Cases cited3 opinions
- In re Franklin Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of AppleNew York Surrogate's Court · 1931
- In re the Estate of MirandaNew York Surrogate's Court · 1934
3Cited by5 opinions
- In Re the Will of MayersNew York Court of Appeals · 1949
- In re the Estate of MayersNew York Surrogate's Court · 1947
- In re the Estate of GaubertNew York Surrogate's Court · 1937
- In re Franklin National Bank of Franklin SquareNew York Supreme Court · 1955
- In re the Estate of ChristyNew York Surrogate's Court · 1962