Legal Opinion

In re the Accounting of Bank of New York

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

Decided March 25, 1958Published

1Opinion of the CourtSteveNs, J.

This is an appeal from a decree construing the will of the decedent so as to include grandchildren within the definition of ‘ ‘ children ’ ’ in the gift of a remainder. The will was executed in 1923.

The will, after making several bequests, including a provision for a division of “ the rest of my jewelry ” equally between the two granddaughters of the testatrix (paragraph Sixth), contains the following language: ‘ ‘ Seventh : I give, devise and bequeath all the rest, residue and remainder of my property, both real and personal, wheresoever the same may be found, to my executors, hereinafter…

2Cases cited6 opinions

  1. Soper v. . BrownNew York Court of Appeals · 1892
  2. Palmer v. . HornNew York Court of Appeals · 1881
  3. Prowitt v. . RodmanNew York Court of Appeals · 1867
  4. In Re the Accounting of MullerNew York Court of Appeals · 1929
  5. In re the Accounting of KeoghAppellate Division of the Supreme Court of the State of New York · 1908

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