Legal Opinion

In Re Proving the Will of Fordham

New York Court of Appeals

Decided April 17, 1923PublishedCited by 42 opinions

1Opinion of the CourtCardozo, J.

Mary A. Fordham left a will which is before us for construction. She gave her residuary estate to her husband, Caleb S. Fordham, if he survived her. In the event of his death before her, she gave the estate to a trustee with directions to pay the income to her stepson, Allan McC. Fordham, the child of Caleb S. Ford-ham by an earlier marriage, and with discretionary power to use the principal if the income seemed to be inadequate. She then made provision as follows:

“Sixth. Upon the death of the said Allan McC. Ford-ham I give, devise and bequeath all the rest, residue and remainder of my…

2Cases cited5 opinions

  1. Doctor v. . HughesNew York Court of Appeals · 1919
  2. Williams v. . JonesNew York Court of Appeals · 1901
  3. Norris v. . BeyeaNew York Court of Appeals · 1855
  4. Wager v. . WagerNew York Court of Appeals · 1884
  5. United States Trust Co. v. HogencampNew York Court of Appeals · 1908

3Cited by42 opinions

  1. In Re the Estates of CovertNew York Court of Appeals · 2001
  2. Low v. Bankers Trust Co.New York Court of Appeals · 1936
  3. In re the Estate of LeonardNew York Surrogate's Court · 1932
  4. Matter of BieleyNew York Court of Appeals · 1998
  5. In re the Estate of DevineNew York Surrogate's Court · 1933

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