Legal Opinion
In re the Accounting of Whiton
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1953PublishedCited by 5 opinions
1Opinion of the CourtBergax, J.
Testatrix created in her will a life estate in trust for the benefit of her niece. She provided: 11 After the decease of my said niece ” that “ my estate ” is to be “ distributed ” in accordance with certain paragraphs of the will which followed.
*472The paragraph that has caused the controversy contains the expression ‘ ‘ I give, devise and bequeath ’ ’ a certain fractional part “ of my estate remaining after the aforesaid trust ”, and continues, “ to my following named cousins, or the survivor or survivors of them, except as hereinafter stated ”,
Seven cousins were named. After the name of…
2Cases cited5 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- In Re the Final Settlement of the Accounts of MahanNew York Court of Appeals · 1885
- In Re the Estate of BoltonNew York Court of Appeals · 1940
- Healy v. Empire Trust Co.New York Court of Appeals · 1950
- In re the Final Judicial Settlement of the Account of Troy Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
3Cited by5 opinions
- In re the Accounting of the First National BankAppellate Division of the Supreme Court of the State of New York · 1956
- In re the Accounting of CohenNew York Surrogate's Court · 1956
- In re the Accounting of the State BankNew York Surrogate's Court · 1961
- In re the Estate of BuhlerNew York Surrogate's Court · 1958
- In re the Estate of DuryeeNew York Surrogate's Court · 1958