Legal Opinion

In Re the Will of Clark

New York Court of Appeals

Decided July 13, 1937PublishedCited by 37 opinions

1Opinion of the CourtO’Brien, J.

By paragraph fourth, subdivision (a), of his will, executed August 3, 1933, John W. Clark established a trust for the benefit of his wife, Mary M. Clark, during her fife, to consist of one-half of his net estate. In paragraph fourth, subdivision (b), he expressed his intention that such provision was made in lieu of dower and of all rights of election as provided by section 18 of the Decedent Estate Law (Cons. Laws, ch. 13). By codicil executed September 29, 1934, he amended paragraph fourth, subdivision (b), by adding this provision: “ However, if my wife shall not accept the provisions…

2Cases cited3 opinions

  1. Matter of ByrnesNew York Court of Appeals · 1933
  2. In re CurleyAppellate Division of the Supreme Court of the State of New York · 1935
  3. In Re the Will of CurleyNew York Court of Appeals · 1935

3Cited by37 opinions

  1. In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
  2. In re the Accounting of HeinrichNew York Surrogate's Court · 1949
  3. In re the Estate of ClarkNew York Surrogate's Court · 1938
  4. In re the Estate of TalbotNew York Surrogate's Court · 1939
  5. In re the Estate of SheppardNew York Surrogate's Court · 1947

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