Legal Opinion

In re the Estate of Finaly

New York Surrogate's Court

Decided November 27, 1959PublishedCited by 2 opinions

1Opinion of the Court

S. Samuel Di Falco, S.

In this proceeding for the settlement of their intermediate account the trustees have requested a construction of article Eighteenth of decedent’s will. The pertinent portions of the article in question read as follows: “All the rest, residue and remainder of my estate * * * all of which is herein referred to as my residuary estate, I direct my executors and trustees to divide into three. (3) equal parts and to dispose of or to hold such parts as follows: (1) If, and only if, Emilienne Dault shall survive me, I give, devise and bequeath two (2) of such three (3) equal…

2Cases cited5 opinions

  1. In re the Accounting of KroossNew York Court of Appeals · 1951
  2. In re National City BankAppellate Division of the Supreme Court of the State of New York · 1939
  3. In Re the Estate of MontgomeryNew York Court of Appeals · 1940
  4. Healy v. Empire Trust Co.New York Court of Appeals · 1950
  5. In re the Construction of the Will of ColeNew York Surrogate's Court · 1959

3Cited by2 opinions

  1. In re the Estate of VoughtNew York Surrogate's Court · 1967
  2. In re the Estate of CruikshankNew York Surrogate's Court · 2002

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