Legal Opinion
In re Proving the Last Will & Testament of Cunningham
New York Surrogate's Court
Decided March 15, 1912PublishedCited by 8 opinions
Proceeding upon the probate of a will.
1Opinion of the Court
Fowler, S.
The will in this matter being duly proved and entitled to probate, the surrogate is required to sit as a court of construction, the validity and construction of a disposition contained in the will being at issue. Code Civ. Pro., § 2624; Matter of Davis, 45 Misc. Rep. 554; 105 App. Div. 221; 182 N. Y. 475.
The sole contested issue presents the validity of the will of the late Daniel Cunningham, or of the second clause thereof, dated 25 January, 1907, as follows:
“Second. I give and bequeath to my said executors and trustees, hereinafter named, the sum of fifty thousand dollars to be by…
2Cases cited25 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Matter of Estate of PrimeNew York Court of Appeals · 1893
20 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ticali v. Roman Catholic Diocese of BrooklynDistrict Court, E.D. New York · 1999
- In re the Transfer Tax upon the Estate of AltmanNew York Surrogate's Court · 1914
- In re the Probate of the Last Will & Testament & Codicil of DavisNew York Surrogate's Court · 1912
- In re the Estate of WatkinsNew York Surrogate's Court · 1922
- Michigan Trust Co. v. United StatesDistrict Court, W.D. Michigan · 1937
3 more not listed; retrieve them via the Exa API.