Legal Opinion
In re the Construction of the Will of Boehm
New York Surrogate's Court
Decided January 16, 1951Published
1Opinion of the Court
Buscaglia, S.
This construction proceeding was brought on by a show cause order obtained by one of the residuary legatees.
The pertinent provisions of the testatrix’ will are as follows:
“Seventh: I declare that only Two thousand ninety-one dollars ($2091.00) of the account in The Marine Trust Company is mine and that the balance is my husband’s. My portion of said account shall become part of my estate, and to the extent not needed for expenses, shall be distributed in accordance with the provisions I make for my residuary estate.”
“Tenth: There are other pieces of real estate in my name only,…
2Cases cited3 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- In re the Accounting of DuganNew York Surrogate's Court · 1947
- Neil v. NeilNew York Supreme Court · 1916