Legal Opinion
In re the Estate of Holthausen
New York Surrogate's Court
Decided March 6, 1941PublishedCited by 6 opinions
1Opinion of the Court
Wingate, S.
The issue in this proceeding is an extremely narrow one and hinges upon the question of whether a grandson of the testator,' who was delivered eight months and six days after the death of the latter was a Ufe “ in being ” at the death of the decedent within the terminology of section 42 of the Real Property Law.
The will of the testator, who died on May 6, 1912, erected a trust of five-eighths of his residuary estate for the life benefit of his widow and accorded her a power of appointment over the remainder. The widow died on March 23, 1940, and purported expressly to exercise this…
2Cases cited16 opinions
- Dougherty v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1934
- Drobner v. . PetersNew York Court of Appeals · 1921
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Hynes v. . McDermottNew York Court of Appeals · 1880
- In re the Estate of SmithNew York Surrogate's Court · 1930
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cheaney v. StateIndiana Supreme Court · 1972
- Fuller v. United StatesDistrict of Columbia Court of Appeals · 1949
- In re the Estate of PharesNew York Surrogate's Court · 1963
- In re the Estate of VanderbiltNew York Surrogate's Court · 1944
- Cheaney v. StateIndiana Supreme Court · 1972
1 more not listed; retrieve them via the Exa API.