Legal Opinion

In re the Construction of the Last Will & Testament of Smith

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

Decided May 16, 1923PublishedCited by 4 opinions

1Opinion of the Court

Hasbrouck, J.:

The appeal from the decree herein of the surrogate brings up for review the construction of the will of Harriet E. Smith which provides in part that she bequeathed a life estate in her personal property to her husband and that after his death the personal and real property should be sold and out of its proceeds $500 should be given to the Middlefield Center Cemetery Association and used for the upkeep of the lot of testatrix in the cemetery and the remainder to be disposed of as follows:

“ V. And after the death of my said husband, and after the sale of my property, and the…

2Cases cited13 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  3. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  4. Clark v. . CammannNew York Court of Appeals · 1899
  5. Moffett v. . ElmendorfNew York Court of Appeals · 1897

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3Cited by4 opinions

  1. Wallace v. CommissionerUnited States Board of Tax Appeals · 1933
  2. In re the Construction of the Will of WatsonNew York Surrogate's Court · 1951
  3. Guaranty Trust Co. v. CurryNew York Supreme Court · 1929
  4. Wallace v. CommissionerUnited States Board of Tax Appeals · 1933

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