Legal Opinion

In re the Estate of Donaldson

New York Surrogate's Court

Decided January 12, 1938Published

1Opinion of the CourtHenderson, J.

The decedent made her last will on March 14, 1930. She died on December 27, 1933, and her will has been duly admitted to probate in this court. The testatrix was survived by her .husband and their son, who was born after she made her will.

After a gift of her entire estate to her husband, the will provides for alternative distributions in the event that he predeceased her, as follows:

“Fourth. If my husband should die before me, then I give, devise and bequeath all my property unto my issue me surviving, share and share alike, per stirpes and not per capita.

“ Fifth. In the event that I should…

2Cases cited3 opinions

  1. Holbrook v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1920
  2. Holbrook v. . HolbrookNew York Court of Appeals · 1921
  3. In re the Estate of DoolingNew York Surrogate's Court · 1936

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