Legal Opinion

In re the Estate of Watkins

New York Surrogate's Court

Decided September 17, 1957Published

1Opinion of the Court

Christopher C. McGrath, S.

A question of construction has been raised in this executor’s accounting. Under paragraph “ Seventh ” of her will, decedent divided her residuary estate into 13 equal parts. She bequeathed 2 of the said parts to her executor and an equal amount to 2 other persons and the remaining 7 parts she gave to 7 named legatees. This paragraph also provided that if any of these named residuary legatees predeceased the testatrix, then the share of such predeceased legatee was to be divided equally among the surviving legatees. All of the residuary legatees survived the testatrix.

2Cases cited2 opinions

  1. Wright v. . WrightNew York Court of Appeals · 1919
  2. In re the Estate of CokefairNew York Surrogate's Court · 1939

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