Legal Opinion

In re the Estate of Mahoney

New York Surrogate's Court

Decided November 19, 1976PublishedCited by 2 opinions

1Opinion of the Court

F. Warren Travers, S.

This is a proceeding brought by James. E. Brearton, executor of the last will and testament of Michael A. Mahoney, for a construction of paragraph "ninth” of said will, and also a determination as to whether the bequest therein is a specific or general legacy.

The last will and testament of decedent, dated August 21, 1974, and a codicil thereto, dated March 3, 1975, were admitted to probate in this court on September 24, 1975.

Paragraph "ninth” of the will reads, "I give and bequeath to Edward H. Eagle of 4 Sylvan Lane, Troy, New York the sum of two thousand ($2,000.00)…

2Cases cited4 opinions

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. Tifft v. . PorterNew York Court of Appeals · 1853
  3. In re Will of LarkinNew York Court of Appeals · 1961
  4. In re the Estate of ThallNew York Court of Appeals · 1966

3Cited by2 opinions

  1. In re the Estate of CullenNew York Surrogate's Court · 1985
  2. Matter of Estate of WalesMontana Supreme Court · 1986

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