Legal Opinion

In re the Estate of Macaulay

New York Surrogate's Court

Decided April 11, 1940PublishedCited by 8 opinions

1Opinion of the Court

Foley, S.

In this proceeding for the construction of the will, the executors present certain questions concerning (a) the identity of the charitable beneficiaries intended to be the objects of the bounty of the testatrix; (b) whether certain charitable bequests are outright, or in trust with power to use only income; (c) the legal capacity of certain of the designated charitable beneficiaries to receive the shares of the estate bequeathed to them, and (d) whether a mandatory conversion of the real estate (not specifically devised) into personal property was effected by the terms of the will.

By…

2Cases cited20 opinions

  1. In Re the Accounting of ClaytonNew York Court of Appeals · 1927
  2. St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
  3. Kernochan v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
  4. Mitchell v. ReevesSupreme Court of Connecticut · 1938
  5. Kernochan v. . the Farmers' Loan and Trust CompanyNew York Court of Appeals · 1920

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3Cited by8 opinions

  1. In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
  2. In re the Estate of FarrellNew York Surrogate's Court · 1940
  3. In re the Will of BerkelNew York Surrogate's Court · 1944
  4. In re the Estate of KirbyNew York Surrogate's Court · 1963
  5. In re the Accounting of Rochester Trust & Safe Deposit Co.New York Surrogate's Court · 1945

3 more not listed; retrieve them via the Exa API.

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