Legal Opinion
In re the Accounting of Chemical Bank & Trust Co.
New York Surrogate's Court
Decided April 21, 1949PublishedCited by 1 opinion
1Opinion of the Court
Collins, S.
In this accounting proceeding a question of construction arises from the inaccurate use of the connective “ and/or ” in the seventeenth article of decedent’s will. The quoted neologism has been the subject of litigation for decades (cf. Cuthbert v. Cumming, 10 Exch. 809,156 Eng. Rep. 668). On the one hand the fractional expression has been characterized as a “ device for the encouragement of mental laziness ” (18 Amer. Bar Assn. Journal 456) and condemned osa“ linguistic abomination ” (Commercial Standard Ins. Co. v. Davis, 68 F. 2d, 108, 109), while on the other hand the locution…
2Cases cited6 opinions
- Matter of Nat. Cash Register Co. v. TaylorNew York Court of Appeals · 1937
- Hicks v. HaightNew York Supreme Court · 1939
- Bobrow v. United States Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Schaffer v. City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933
- National Cash Register Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1937
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3Cited by1 opinion
- In re the Estate of AaronsonAppellate Division of the Supreme Court of the State of New York · 1963