Legal Opinion

In re the Estate of Crater

New York Surrogate's Court

Decided March 10, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Michael H. Feinberg, S.

This is a miscellaneous proceeding pursuant to SCPA 1420 for a construction of the decedent’s will.

background

Carole Crater (the decedent) died on July 25, 1995, at age 50. Her will dated March 18, 1972 was admitted to probate by the court on October 15, 1997, and letters testamentary issued to the nominated successor executrix thereunder, Paulette Cheuvront (the petitioner). The petitioner subsequently brought this proceeding for the construction of paragraphs third and fourth of the will.

Paragraph third states in full as follows: “third I hereby…

2Cases cited20 opinions

In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
In Re the Estate of HayesNew York Court of Appeals · 1934
In re the Estate of ThallNew York Court of Appeals · 1966
In re CarmerNew York Court of Appeals · 1988

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