Legal Opinion

Conklin v. Clark

New York Supreme Court

Decided November 15, 1905PublishedCited by 4 opinions

Action brought by plaintiff to determine the amount of her legacy under a will.

1Opinion of the CourtWright, J.

The portion of the will material to this inquiry reads as follows: " First.— After all my lawful debts are paid and discharged, I give, devise and bequeath to Eva Conklin, the interest on $5,000 and after her death the said $5,000 to be put out on interest until her son Glen shall be twenty-four years old, then he and Roy Conklin to have one-half of said $5,000 and their sister Mary Conklin to have the other half of said $5,000.”

I do not think that the clause, “ After all my lawful debts are paid and discharged,” which is a part of the printed form of the will used by the testator, amounted…

2Cases cited7 opinions

  1. Matter of StanfieldNew York Court of Appeals · 1892
  2. Cooke v. . MeekerNew York Court of Appeals · 1867
  3. Matter of DeweyNew York Court of Appeals · 1897
  4. Southgate v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
  5. In re the Estate of BakerAppellate Division of the Supreme Court of the State of New York · 1901

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

3Cited by4 opinions

  1. In re the Estate of BurtonNew York Surrogate's Court · 1935
  2. In re the Judicial Settlement of the Account of the Trustee Under the Will of SmithNew York Surrogate's Court · 1914
  3. In re the Estate of BillingsNew York Surrogate's Court · 1930
  4. In re the Estate of DayNew York Surrogate's Court · 1914

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