Legal Opinion
In re the Construction of the Will of Leonard
New York Surrogate's Court
Decided January 29, 1957PublishedCited by 4 opinions
1Opinion of the Court
Maximilian Moss, S.
The petitioner, the executor named in the testatrix’ will, seeks a determination of the validity, construction and effect of various provisions contained therein.
The dispositive provisions of the will are in the testatrix’ handwriting on a printed “will” form. By the provision designated “First,” the nominated executor was given the liberty to distribute to testatrix’ brother “if in need in trust the sum of $50 a month and not to exceed $3000 ”. A mere reading of this questioned paragraph readily resolves the testatrix’ intent. The language is neither ambiguous nor…
2Cases cited6 opinions
- In re the Accounting of KeyserlingNew York Court of Appeals · 1954
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
- In re the Estate of HaydenNew York Surrogate's Court · 1939
- Smith v. . BurchNew York Court of Appeals · 1883
- Sweet v. . BurnettNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Construction of the Will of DownsNew York Surrogate's Court · 1958
- In re the Construction of the Will of MitchellNew York Surrogate's Court · 1961
- In re the Estate of PurveyNew York Surrogate's Court · 1962
- In re the Estate of CourtoisNew York Surrogate's Court · 1964