Legal Opinion
In re the Accounting of Gallagher
New York Surrogate's Court
Decided November 18, 1957PublishedCited by 4 opinions
1Opinion of the Court
Maximilian Moss, S.
As an incident to the judicial settlement of their account the executors seek a determination with respect to the validity of the trust created by testator under paragraph “ Second” of the will and the effect of the widow’s notice of election thereon. Said paragraph is the residuary clause and the only dispository provision of the will.
The testator made and executed his will in the State of New York where he was domiciled in 1947. He died in 1954 in the State of Virginia, where he then resided with his wife and five children. At the time of his death testator was possessed…
2Cases cited30 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- Greene v. . GreeneNew York Court of Appeals · 1891
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Roe v. . VingutNew York Court of Appeals · 1889
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3Cited by4 opinions
- In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1959
- In re the Estate of GernonNew York Surrogate's Court · 1962
- In re the Estate of BellafattoNew York Surrogate's Court · 1960
- In re the Estate of QuinNew York Surrogate's Court · 1974