Legal Opinion
In re the Construction of the Will of Fiscus
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 1974PublishedCited by 5 opinions
1Opinion of the CourtDel Vecchio, J.
An executor-trustee appeals from a Surrogate’s decree (1) approving the settlement of a will construction proceeding agreed to by the life beneficiary of the testamentary trust, the remainderman and the Attorney-General, (2) directing the executor to pay the life beneficiary the sum of $25,000 and (3) terminating the trust, the balance of the estate assets to be distributed pursuant to further order of the court.
On December 8, 1970 Carl F. Fiscus executed , his last will and testament which had been prepared by his friend and attorney, the appellant herein. The will consisted of three…
2Cases cited10 opinions
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
- Asche v. . AscheNew York Court of Appeals · 1889
- In re the Accounting of WamsleyNew York Surrogate's Court · 1956
- In re the Estate of CorbinAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Accounting of HalladayNew York Surrogate's Court · 1954
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3Cited by5 opinions
- In re the Estate of BeckleyAppellate Division of the Supreme Court of the State of New York · 1978
- In re the Estate of BirchAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Construction of the Will of FiscusNew York Court of Appeals · 1976
- In re the Estate of BeckleyNew York Surrogate's Court · 1977
- In re the Estate of MargolisNew York Surrogate's Court · 2001