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

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. In re Will of LarkinNew York Court of Appeals · 1961
  3. Matter of BieleyNew York Court of Appeals · 1998
  4. In re Marine Midland Bank, N. A.New York Court of Appeals · 1989
  5. In re the Estate of SulzbacherNew York Surrogate's Court · 1938

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