Legal Opinion

In re the Estate of Winburn

New York Surrogate's Court

Decided August 26, 1931Published

1Opinion of the Court

Foley, S.

The decree admitting the will of the decedent to probate reserved for future consideration the construction of his will, particularly the residuary, or 41st, clause thereof. That question must now be determined. Because of the issues involved it becomes necessary to set forth the language of the will at length. The clause in dispute reads as follows:

“ Forty-first. I direct that all the rest, residue and remainder of my estate, real, personal or mixed, of whatsoever kind, nature and character, wheresoever the same may be or be situated at the time of my decease, be divided into three…

2Cases cited9 opinions

  1. Bishop v. BishopNew York Court of Appeals · 1931
  2. Mee v. . GordonNew York Court of Appeals · 1907
  3. Close v. Farmers' Loan & Trust Co.New York Court of Appeals · 1909
  4. In Re Proving the Will of FordhamNew York Court of Appeals · 1923
  5. In Re the Estate of SchrieverNew York Court of Appeals · 1917

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