Legal Opinion
In re the Estate of Ward
New York Surrogate's Court
Decided October 21, 1959PublishedCited by 2 opinions
1Opinion of the Court
S. Samuel Di Falco, S.
The trustee of a trust created for the benefit of a granddaughter of testatrix requests a construction of article Fourth of the will. The court is asked to determine whether the remainder is to be distributed among the lawful issue of the beneficiary per stirpes or per capita.
The testatrix died in 1908, leaving a will and codicil thereto dated 1905. The beneficiary died in 1958 leaving her surviving two children, three grandchildren and three great grandchildren.
Since this will predated the enactement of section 47-a of the Decedent Estate Law, solution of this question…
2Cases cited8 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Soper v. . BrownNew York Court of Appeals · 1892
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Petry v. PetryAppellate Division of the Supreme Court of the State of New York · 1919
- Petry v. . LanganNew York Court of Appeals · 1919
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3Cited by2 opinions
- In re the Estate of YoungNew York Surrogate's Court · 1969
- In re the Construction of the Will of RipleyNew York Supreme Court · 1961