Legal Opinion

In re the Will of Rosenthal

New York Surrogate's Court

Decided June 13, 1945PublishedCited by 4 opinions

1Opinion of the Court

Delehanty, S.

[Certain directions included in" the opinion of the Surrogate are omitted because of their subordinate importance.], Under paragraph eleventh of deceased’s will a general legacy in a substantial amount is given to a sister of deceased who predeceased him leaving surviving four children. One of these four is a beneficiary under clause twenty-fifth of the will. He is one of five persons who are given legacies of $5 each in that clause of the will. In respect of all these gifts the text says: “ And it is my will that this provision be in lieu and bar of every right and interest in…

2Cases cited3 opinions

  1. Pimel v. . BetjemannNew York Court of Appeals · 1905
  2. In re the Final Judicial Settlement of the Account of Proceedings of NeydorffAppellate Division of the Supreme Court of the State of New York · 1920
  3. In re NorthropAppellate Division of the Supreme Court of the State of New York · 1939

3Cited by4 opinions

  1. In re the Accounting of CarletonNew York Surrogate's Court · 1956
  2. In re the Accounting of BlackfordNew York Surrogate's Court · 1948
  3. In re the Estate of JohnsonNew York Surrogate's Court · 1973
  4. In re the Estate of MaleckiAppellate Division of the Supreme Court of the State of New York · 1980

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