Rothschild v. . Schiff
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1905, which modified and affirmed as modified a judgment construing the will of Simon Goldenberg, deceased, entered upon the report of a referee. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1905, which modified and affirmed as modified a judgment construing the will of Simon Goldenberg, deceased, entered upon the report of a referee. The facts, so far as material, are stated in the opinion. Subdivision 15 of paragraph 23 of the will of Simon Goldenberg jS valid, and pursuant to'its terms the persons therein named became vested, as trustees, at least, with the title to tire testator’s residuary estate. (L. 1893, ch. 701; Allen v. Stevens, 161 N. Y. 122 ; Matter…
1Opinion of the CourtHaight, J.
This action was brought by the executors of and trastees under the last will and testament of Simon Goldenberg, deceased, to obtain a judicial construction of the fifteenth subdivision of the twenty-third clause of his will and for a determination as to whether it was valid.
The testator, in his will, after providing for the payment of his just debts and funeral expenses, made provision for the erection of a mausoleum in a cemetery designated and then made a number of bequests to charitable or educational corporations. He then gave and devised all the rest, residue and remainder of his estate…
2Cited by13 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Butterworth v. . KeelerNew York Court of Appeals · 1916
- In re the Testamentary Trust Created by the Will of SheaAppellate Division of the Supreme Court of the State of New York · 1931
- In re Proving the Last Will & Testament of CunninghamNew York Surrogate's Court · 1912
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