Legal Opinion

In re the Estate of Finn

New York Surrogate's Court

Decided August 27, 1965Published

1Opinion of the Court

Harry G. Herman, S.

The executor herein has asked the court for advice and direction regarding paragraph ‘ ‘ fourteenth ” of decedent’s will, which requires in effect a construction.

In this provision, decedent authorized her executor to pay $50 “ to anyone of my relatives upon condition that said relative shall give my name to his or her child. ’ ’ Although no trust is created by this bequest, it does suspend the power of alienation, and, hence, section 11 of the Personal Property Law applies to it.

Hnder that section, the bequest is invalid. The term “my relatives ” is too imprecise to…

2Cases cited2 opinions

  1. In re the Estate of GreenbergNew York Surrogate's Court · 1964
  2. In re the Estate of KleinNew York Surrogate's Court · 1963

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