Legal Opinion

In re the Estate of Boynton

New York Surrogate's Court

Decided October 11, 1957Published

1Opinion of the Court

Joseph A. Cox, S.

The testator directed that the remainder of the residuary trust created by his will be paid to “ Maple Grove Cemetery” in the town of North Brookfield, Massa*1069chusetts. The uncontroverted allegations of the petition in this proceeding for construction of the will are that there is not and never has been a cemetery in North Brookfield known as Maple Grove Cemetery; that many years before his death the testator purchased a plot in Walnut Grove Cemetery in North Brook-field; that the parents of the decedent, Ms first two wives, Ms sister and the testator himself are buried in that…

2Cases cited8 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
  2. Baumann v. . SteingesterNew York Court of Appeals · 1915
  3. In Re the Will of ManningNew York Court of Appeals · 1921
  4. In re the Construction of the Will of ManningAppellate Division of the Supreme Court of the State of New York · 1921
  5. In re the Construction of the Will of JolsonNew York Surrogate's Court · 1952

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