Legal Opinion
In re the Estate of Underhill
New York Surrogate's Court
Decided May 26, 1941PublishedCited by 8 opinions
1Opinion of the Court
Foley, S.
The single question in this accounting proceeding is one of construction of the will. The problem is whether the child (born out of lawful wedlock) of a deceased daughter of the life *738beneficiary of a trust is the “ issue of any deceased child ” of the life beneficiary within the meaning of the will and the intention of the testator.
Daniel Underhill died August 15, 1891, leaving a will which had been executed on November 30, 1887, and a codicil dated February 28, 1891. In the third paragraph of his will he created a trust for the benefit of his adopted daughter, Lillie Underhill. He…
2Cases cited23 opinions
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Palmer v. . HornNew York Court of Appeals · 1881
- Kemper v. FortSupreme Court of Pennsylvania · 1907
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of BestNew York Court of Appeals · 1985
- In re the Accounting of the Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Estate of BuellNew York Surrogate's Court · 1946
- In re the Estate of LeventrittNew York Surrogate's Court · 1977
- In re the Estate of AnonymousNew York Surrogate's Court · 1953
3 more not listed; retrieve them via the Exa API.