Legal Opinion

In re Kellogg

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1988Published

1Opinion of the Court

Appeal from a decree of the Surrogate’s Court of Otsego County (Kepner, Jr., S.), entered July 3, 1987, which, inter alia, determined that petitioner was entitled to a one-half remainder interest in a trust created in decedent’s last will and testament.

*800Abraham L. Kellogg (hereinafter decedent) died in 1946 leaving a last will and testament and codicil which were duly admitted to probate. The codicil ratified and confirmed paragraphs 23 and 24 of the will, which provide as follows:

" "twenty-third: The cash which is turned over to said Trustee by my said Executor shall be carefully invested for…

2Cases cited5 opinions

  1. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  2. B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
  3. Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
  4. Read v. SaccoAppellate Division of the Supreme Court of the State of New York · 1975
  5. In re the Estate of KelloggAppellate Division of the Supreme Court of the State of New York · 1970

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