Legal Opinion
In re the Estate of McHugh
New York Supreme Court
Decided February 16, 2006Published
1Opinion of the Court
OPINION OF THE COURT
Eugene E. Peckham, S.
In this construction proceeding the decedent’s will directs the executor to divide
“my ‘residuary estate’ into twenty-five (25) separate equal shares, so that there shall be one (1) such *220share for each of my nieces and nephews who shall survive me, and one (1) such share for each of my nieces and nephews who shall not survive me but who shall have left a child or children surviving me.”
The problem presented by this language is that testatrix had 22 blood nieces and nephews either surviving or predeceased with children. She also had three nieces and…
2Cases cited8 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In re Will of LarkinNew York Court of Appeals · 1961
- Matter of BieleyNew York Court of Appeals · 1998
- In re Marine Midland Bank, N. A.New York Court of Appeals · 1989
- In re the Estate of SulzbacherNew York Surrogate's Court · 1938
3 more not listed; retrieve them via the Exa API.