Legal Opinion
In re the Estate of Fitzgerald
New York Surrogate's Court
Decided December 21, 1972PublishedCited by 2 opinions
1Opinion of the Court
S. Samuel Di Falco, S.
This is a motion for summary judgment in an accounting proceeding. The estate is valued at more than $2,000,000. The testatrix died in 1970. Under her will bequests of $50,000 were left to each of nine charities. The entire residuary estate is bequeathed to the Archbishopric of New York. Article Tenth of the will calls for alternative disposition of the residuary in the event of a contest of the will on the basis of an excessive distribution to charity (EPTL 5-3.3).
In that event the gift “ shall pass to, and I give, devise and bequeath the same to, such person,…
2Cases cited7 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1972
- Durkee v. SmithNew York Supreme Court · 1915
- In re the Estate of GoldfarbNew York Supreme Court · 1959
- Durkee v. . SmithNew York Court of Appeals · 1916
- Durkee v. SmithAppellate Division of the Supreme Court of the State of New York · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Estate of EckartAppellate Division of the Supreme Court of the State of New York · 1975
- In re the Estate of LippnerNew York Surrogate's Court · 1980