Legal Opinion

In re the Estate of Monahan

New York Surrogate's Court

Decided May 3, 1939PublishedCited by 2 opinions

1Opinion of the Court

Foley, S.

This is an application by the trustees for a construction of the will. The testatrix died on September 15, 1933, at the age of eighty-one leaving a will executed May 12, 1932. By the seventh paragraph of her will she left her entire residuary estate in trust for her friend, Alberta W. Laighton, for life. The tenth paragraph of the will provides:

“ Tenth. Upon her death, whether she die before or after me or at the same time as I, I give the rest, residue and remainder of my estate as follows: * * *
“ 5. Three-sevenths of the remainder to each of my second cousins, Mary Rutherford Jay…

2Cases cited8 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
  3. In re the Estate of EvansNew York Surrogate's Court · 1937
  4. In re McNaryAppellate Division of the Supreme Court of the State of New York · 1937
  5. In Re the Will of WeaverNew York Court of Appeals · 1938

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re the Accounting of the State BankNew York Surrogate's Court · 1961
  2. In re the Compulsory Accounting of KroossAppellate Division of the Supreme Court of the State of New York · 1950

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