Legal Opinion
In re Construction of the Will of Gulbenkian
New York Court of Appeals
Decided March 30, 1961PublishedCited by 21 opinions
1Opinion of the CourtBurke, J.
In the Fifth paragraph of the will under construction, decedent left $300,000 in trust to his wife for life. The paragraph further provides: “ I give and bequeath the remainder of said trust fund, upon her death, to my brothers, Badrig Gulbenkian and Harutune Gulbenkian, in equal shares and their several descendants per stirpes ” (emphasis added).
The issue here presented is whether' the concluding phrase bequeathing to the “ several descendents per stirpes ” is to be considered as surplusage or as a substitutionary gift conditioned upon the death of the remaindermen. It is oiir opinion that…
2Cases cited12 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Scott v. . GuernseyNew York Court of Appeals · 1871
- In re the Accounting of KroossNew York Court of Appeals · 1951
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Lyons v. . OstranderNew York Court of Appeals · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In re CarmerNew York Court of Appeals · 1988
- In re the Estate of BellowsAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of SprinchornAppellate Division of the Supreme Court of the State of New York · 1989
- In re the Estate of BrahaneyNew York Surrogate's Court · 1982
- In re the Estate of AkinsNew York Surrogate's Court · 1976
16 more not listed; retrieve them via the Exa API.