Legal Opinion
In re the Estate of Soy
New York Surrogate's Court
Decided March 29, 1932PublishedCited by 35 opinions
1Opinion of the Court
Wingate, S.
The question of construction here presented is as to whether the “ divide and pay over ” rule or one of its many exceptions is to govern the interpretation of the will at bar. The testator died on October 21, 1906, and the will was admitted to probate on the twelfth of the following month.
Its “ fifth ” item, which gives rise to this application, devised the premises 356 Union street, Brooklyn, to the executor in trust for the following purposes:
“ (1) To lease, collect and receive all the rents and income of said house and premises.
“ (2) To pay all taxes, assessments, interest on…
2Cases cited17 opinions
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Wright v. . WrightNew York Court of Appeals · 1919
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- In re Brooklyn Trust Co.New York Surrogate's Court · 1929
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1930
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In re the Estate of EvansNew York Surrogate's Court · 1937
- In re the Estate of HopnerNew York Surrogate's Court · 1933
- In re the Estate of LevyNew York Surrogate's Court · 1939
- In re the Estate of HilliardNew York Surrogate's Court · 1937
- In re the Estate of MerriamNew York Surrogate's Court · 1938
30 more not listed; retrieve them via the Exa API.