Legal Opinion
In re the Will of Hart
New York Surrogate's Court
Decided September 17, 1945PublishedCited by 8 opinions
1Opinion of the Court
Feely, S.
The court is now asked to determine whether testatrix intended by the use of the word “ children ” to include children’s children; and also whether or not she meant a barred debt of a legatee to her should be deducted from her legacy to him.
1. The will was drawn and witnessed by a lawyer whose practice was largely in probate law. Seven years before her death on April 20, 1943, testatrix, who was then beyond middle age, chose as the objects of her bounty eight persons of middle age, of whom only two were among the group of her nearest blood relatives. Those relatives in all numbered…
2Cases cited16 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- House v. . CarrNew York Court of Appeals · 1906
- Kimball v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1916
- Clay v. FreemanSupreme Court of the United States · 1886
- Otto v. Lincoln Savings Bank of BrooklynNew York Court of Appeals · 1945
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Accounting of Security Trust Co.New York Surrogate's Court · 1947
- In re the Estate of RileyAppellate Division of the Supreme Court of the State of New York · 1953
- In re the Accounting of BarnesNew York Surrogate's Court · 1946
- In re the Accounting of DavidsenNew York Surrogate's Court · 1960
- In re the Accounting of FeltesNew York Surrogate's Court · 1955
3 more not listed; retrieve them via the Exa API.