Legal Opinion
In re the Estate of Rosenstein
New York Surrogate's Court
Decided September 4, 1934PublishedCited by 5 opinions
1Opinion of the Court
Delehanty, S.
The residuary clause in deceased’s will purports to put in trust her real property. The validity of the trust provisions is in issue. Deceased left surviving her as heirs and distributees a husband (who survived her about a year), two brothers and four sisters. If the real estate of deceased has not been disposed of validly, the share descending to the husband in intestacy has passed (subject to the qualified ownership thereof by his executors if they need it to pay his debts) to a specific devisee named in his will.
Deceased’s will directs that during her husband’s life and…
2Cases cited5 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Oliver v. WellsNew York Court of Appeals · 1930
- In Re the Accounting of SilsbyNew York Court of Appeals · 1920
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Whitefield v. CrissmanAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- In re the Estate of CochranNew York Surrogate's Court · 1941
- In re the Estate of BallNew York Surrogate's Court · 1968
- In re the Judicial Settlement of the Account of Proceedings of SteelAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Accounting of CohenNew York Surrogate's Court · 1949
- New Rochelle Trust Co. v. HintonAppellate Division of the Supreme Court of the State of New York · 1939