Legal Opinion

In re the Estate of Smith

New York Surrogate's Court

Decided February 19, 1926PublishedCited by 3 opinions

1Opinion of the Court

Foley, S.

In this accounting proceeding the trustee requests a construction of testator’s will. After giving the residuary estate to his executors in trust for the benefit of his widow during her life, the will disposes of the remainder thereof in the following language: “ At the death of my wife I direct my executors or the survivor of them to divide all the remainder of my estate real and personal between my surviving children or their legal representatives * * *. In the case of my son Herbert J. Smith I direct that in the final division of my estate his share shall be securely invested and…

2Cases cited3 opinions

  1. Mee v. . GordonNew York Court of Appeals · 1907
  2. Cahill v. . RussellNew York Court of Appeals · 1893
  3. Felter v. AckersonAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. In re the Estate of HardenberghNew York Surrogate's Court · 1932
  2. In re the Estate of GouldNew York Surrogate's Court · 1932
  3. In re the Construction of the Will of ButlerAppellate Division of the Supreme Court of the State of New York · 1956

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