Legal Opinion

In re the Estate of Loeb

New York Surrogate's Court

Decided May 23, 1935PublishedCited by 12 opinions

1Opinion of the Court

Foley, S.

This is an application for a construction of the will of the testatrix. (1) The primary question presented is whether under the provisions of a separation agreement entered into between the testatrix and her husband, the latter released and relinquished all his rights against the estate of the testatrix and specifically the legacy and benefits as life tenant of a trust of one-third of the residuary estate created for him by her will.

The testatrix executed her will on January 22, 1933. On March 24, 1933, she entered into the separation agreement with her husband, which provided in the…

2Cases cited5 opinions

  1. In Re the Probate of the Will of CookNew York Court of Appeals · 1926
  2. In Re the Accounting of SilsbyNew York Court of Appeals · 1920
  3. In re the Estate of GilmourNew York Surrogate's Court · 1932
  4. Titus v. BassiAppellate Division of the Supreme Court of the State of New York · 1918
  5. Brinkerhoff v. SeaburyAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by12 opinions

  1. In re the Will of BurnsideNew York Surrogate's Court · 1945
  2. In re the Estate of GriffithNew York Surrogate's Court · 1938
  3. Merrill v. LynchNew York Supreme Court · 1939
  4. In re HollisterNew York Court of Appeals · 1966
  5. In re the Construction of the Will of ShackNew York Surrogate's Court · 1955

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