Legal Opinion

In re the Estate of Montgomery

New York Surrogate's Court

Decided February 14, 1938PublishedCited by 6 opinions

1Opinion of the Court

Wingate, S.

This construction proceeding again propounds the perennial enigma as to whether or not a remainder gift following a life estate did or did not become indefeasibly vested in the remainder-men upon the death of the testator.

The residue of the estate was erected into a trust for the life benefit of the widow with the following succeeding direction: “.and upon her death then the said Trust is to cease and terminate and my Trustee shall thereupon, as soon as is reasonably convenient, sell and dispose of all said property in its possession, both real and personal and from the said…

2Cases cited65 opinions

  1. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
  2. In Re the Accounting of CraneNew York Court of Appeals · 1900
  3. Smith v. . EdwardsNew York Court of Appeals · 1882
  4. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  5. Goebel v. . WolfNew York Court of Appeals · 1889

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3Cited by6 opinions

  1. Pancoast v. PancoastDistrict Court of Appeal of Florida · 1957
  2. In re the Estate of RubinsteinNew York Surrogate's Court · 1938
  3. In re the Estate of McCormickNew York Surrogate's Court · 1938
  4. In re the Estate of EckartNew York Surrogate's Court · 1973
  5. In re the Estate of GrahamNew York Surrogate's Court · 1962

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