Legal Opinion
In re the Estate of Dooling
New York Surrogate's Court
Decided February 17, 1936PublishedCited by 3 opinions
1Opinion of the Court
Henderson, S.
The only question submitted upon this construction proceeding is whether or not two children of the testator, born after he made bis will and concededly unprovided for by any settlement or in such will, are “ in any way mentioned ” therein within the intendment of section 26 of the Becedent Estate Law, which reads:
“ § 26. Child born after mating of will. Whenever a testator shall have a child born after the mating of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child, so after-born, unprovided for by any settlement, and…
2Cases cited17 opinions
- In Re the Will of BumpNew York Court of Appeals · 1922
- Morris v. . SicklyNew York Court of Appeals · 1892
- McLean v. . McLeanNew York Court of Appeals · 1913
- In re the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1923
- In Re the Will of BarneyNew York Court of Appeals · 1924
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3Cited by3 opinions
- In re the Estate of DonaldsonNew York Surrogate's Court · 1938
- In re the Estate of LandNew York Surrogate's Court · 1936
- In re the Probate of the Will of MarmorNew York Surrogate's Court · 1960