Legal Opinion

In re the Estate of Bay

New York Surrogate's Court

Decided May 6, 1942PublishedCited by 6 opinions

1Opinion of the Court

Hetherington, S.

The testator died on Novembei 4, 1940, leaving no property except a parcel of real estate of the value of $8,700. The dispositive provisions of his will, which the executor seeks a construction of, are contained in a single paragraph as follows:

“First: After my lawful debts are paid, I give unto my beloved sons, OSCAR BAY and THOMAS BAY, Junior, share and share alike, of all my real and personal property that I may possess at the time of my decease. The share of my son, Thomas, however, is to be invested for a period of ten years, the earnings therefrom is to be paid to him…

2Cases cited9 opinions

  1. Kalish v. . KalishNew York Court of Appeals · 1901
  2. Tillman v. . OgrenNew York Court of Appeals · 1920
  3. Schermerhorn v. . CottingNew York Court of Appeals · 1892
  4. Felter v. AckersonAppellate Division of the Supreme Court of the State of New York · 1898
  5. Farley v. SecorAppellate Division of the Supreme Court of the State of New York · 1915

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3Cited by6 opinions

  1. In re the Accounting of SchulzNew York Surrogate's Court · 1949
  2. In re the Construction of the Will of SchachterNew York Surrogate's Court · 1949
  3. In re the Estate of MaliszewskiAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Estate of KleinNew York Surrogate's Court · 1963
  5. In re the Will of LangendorferNew York Surrogate's Court · 1944

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

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