Legal Opinion
In re the Construction of the Will of Bluestein
New York Surrogate's Court
Decided March 1, 1950PublishedCited by 3 opinions
1Opinion of the Court
Frankenthaler, S.
The court holds that the first article of deceased’s will provides an absolute gift to his business associate without any condition attached thereto. The language of the will that follows the words of gift is precatory only and does not impose a" mandatory obligation upon the legatee. Deceased left compliance with his “ request ” that payments be made to his widow, solely to the legatee’s moral sense of duty (Matter of Endell, 192 Misc. 503; Matter of Dieudonne, 186 Misc. 642; Matter of Keleman, 126 N. Y. 73; Matter of Jones 199 App. Div. 426; Matter of Crane, 12 App. Div.…
2Cases cited18 opinions
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Foose v. . WhitmoreNew York Court of Appeals · 1880
- Sargent v. . McLeodNew York Court of Appeals · 1913
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
- Post v. . MooreNew York Court of Appeals · 1905
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3Cited by3 opinions
- Yumet Chacón v. Tribunal Superior de Puerto RicoSupreme Court of Puerto Rico · 1958
- In re the Estate of WhalenNew York Surrogate's Court · 1963
- Yumet Chacón v. Superior CourtSupreme Court of Puerto Rico · 1958