Legal Opinion

In re the Estate of Kennedy

New York Surrogate's Court

Decided April 6, 1934PublishedCited by 2 opinions

1Opinion of the Court

Henderson, S.

The questions of construction arising in this proceeding to settle the executor’s account are determined as follows:

Paragraph “ eighth ” of the will reads as follows: “ I give and bequeath to my son, Rev. Charles E. Kennedy, the sum of One thousand ($1,000.00) Dollars, with the direction that he use the same for the education of his four (4) children, Elsie Ann, Catherine, Charles E., and John P.”

No trust is created and there is an express direction that this legacy is for the benefit of the four children. I find that each of them has a vested right to $250. (Matter of DeRycke,…

2Cases cited3 opinions

  1. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  2. In re the Probate of the Last Will & Testament De RyckeAppellate Division of the Supreme Court of the State of New York · 1904
  3. In re the Estate of LeahyNew York Surrogate's Court · 1922

3Cited by2 opinions

  1. In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
  2. In re the Estate of MillsNew York Surrogate's Court · 1935

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