Legal Opinion
In re the Estate of Evans
New York Surrogate's Court
Decided December 27, 1937PublishedCited by 27 opinions
1Opinion of the Court
Foley, S.
Two forms of relief are sought in this application: (1) The vacatur of the decree of this court, dated April 25, 1928, settling the account and construing the will of the testator, and(2) a construction of the will de novo.
The application to vacate the prior decree is based on the contention that the court was without jurisdiction to construe the will in the accounting proceeding in which the decree was made.
By his will the testator created a trust of his residuary estate with direction for the payment of the income to his wife, Mary B. Evans, during her life. The remainder of this…
2Cases cited33 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- Moore v. LyonsNew York Supreme Court · 1840
- Baer v. HendricksNew York Court of Appeals · 1895
28 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In re the Estate of McParlanNew York Surrogate's Court · 1938
- In re the Construction of the Will of KoorbuschNew York Surrogate's Court · 1951
- In re the Estate of VoughtNew York Surrogate's Court · 1967
- In re the Estate of GouldNew York Surrogate's Court · 1939
- In re the Probate of the Will of DicksAppellate Division of the Supreme Court of the State of New York · 1943
22 more not listed; retrieve them via the Exa API.