Legal Opinion

In re the Estate of Goldstein

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

Decided January 16, 1975PublishedCited by 16 opinions

1Opinion of the CourtGoldman, J.

This appeal involves the construction of a paragraph of a will which .contains a devise of property described by street name only. The testator did not in fact own real property on the named street although he was the owner of other *450real property. The Surrogate held that the misdescription invalidated the paragraph, that the attempted devise was “ a lapsed legacy ” and that the real property owned by the testator ‘ ‘ shall pass by virtue of paragraph ‘ eighteen ’ to the residual legatees ”.

The testator had no wife, children ,or siblings. During his lifetime he operated an outdoor advertising…

2Cases cited17 opinions

  1. Patch v. WhiteSupreme Court of the United States · 1886
  2. Brown v. . QuintardNew York Court of Appeals · 1903
  3. Matter of GallienNew York Court of Appeals · 1928
  4. In re the Accounting of KeyserlingNew York Court of Appeals · 1954
  5. Mann v. MannNew York Court of Chancery · 1814

12 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In re the Estate of LeporeNew York Surrogate's Court · 1985
  2. In re the Estate of GoldsteinNew York Court of Appeals · 1976
  3. In re the Estate of MartinNew York Surrogate's Court · 1989
  4. In re the Estate of McCabeAppellate Division of the Supreme Court of the State of New York · 2000
  5. In re the Estate of ScaleAppellate Division of the Supreme Court of the State of New York · 2007

11 more not listed; retrieve them via the Exa API.

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