Legal Opinion
In re the Construction of the Will of Moore
New York Surrogate's Court
Decided October 10, 1958PublishedCited by 3 opinions
1Opinion of the Court
John J. Dillon, S.
In a previous decision in this proceeding (13 Misc 2d 640), the court reserved the determination of one of the questions presented for construction pending the taking of factual proof, without which the question could not be resolved. The evidence available on the subject has since been presented.
The problem has its origin in articles ‘1 twenty-ninth ’ ’ and “ thirtieth ” of the will, which in general create five trusts, each comprising one fifth of the residuary estate. The income beneficiaries of these trusts are five nieces of the testatrix. We are concerned here with the…
2Cases cited2 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- In re the Construction of the Will of MooreNew York Surrogate's Court · 1958
3Cited by3 opinions
- Estates of Perry v. HillCourt of Civil Appeals of Oklahoma · 2001
- McCurtis Ex Rel. Love v. Life Insurance Co. of North AmericaDistrict Court, S.D. Mississippi · 1994
- In re the Estate of WaltersSupreme Court of The Virgin Islands · 1997