Legal Opinion
In re the Construction of the Will of Ripley
New York Supreme Court
Decided January 28, 1961PublishedCited by 1 opinion
1Opinion of the CourtJohs L. Flywx, J.
This proceeding is brought pursuant to article 79 of the Civil Practice Act by the executors of the wills of two deceased trustees and by a surviving trustee for a construction of the will of Sidney Dillon Ripley who died a resident of New York in 1905. Presented for determination is the question of whether a provision of a will, in effect prior to the enactment of section 47-a of the Decedent Estate Law, which directs payment to “issue” on death of the life beneficiary, shall be construed to require distribution per stirpes or per capita.
By his will, dated February 3,1900, the testator…
2Cases cited13 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Soper v. . BrownNew York Court of Appeals · 1892
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Petry v. PetryAppellate Division of the Supreme Court of the State of New York · 1919
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1921
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Estate of YoungNew York Surrogate's Court · 1969