Legal Opinion
In re the Construction of the Will of Smith
New York Surrogate's Court
Decided February 9, 1956PublishedCited by 2 opinions
1Opinion of the Court
Samuel Faile, S.
This independent proceeding for a construction involves the validity of certain trusts created by paragraphs “ 10 ” through “ 18 ” inclusive, of the will of testator.
Testator died on February 25, 1953 leaving a last will dated May 27,1949 which was admitted to probate by a decree of this court April 2, 1953. Surviving him, among- others, were his brother, Austin, and his three children, ages 20,18, and 16, and a sister, Alva, and her four children, ages 25, 23, 22 and 20, the persons named as trust beneficiaries.
The will contains provisions for certain residuary trusts. Those…
2Cases cited27 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Smith v. . EdwardsNew York Court of Appeals · 1882
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Schettler v. . SmithNew York Court of Appeals · 1869
- Cochrane v. . SchellNew York Court of Appeals · 1894
22 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of NelsonNew York Surrogate's Court · 1987
- In re the Final Accounting of JacksonNew York Surrogate's Court · 1959