Legal Opinion
In re the Probate of the Will of Onora
New York Surrogate's Court
Decided April 3, 1954PublishedCited by 4 opinions
1Opinion of the Court
Savarese, S.
In this probate proceeding a construction of certain paragraphs of decedent’s will has been requested. By the second paragraph testatrix specifically devised premises No. 42-32 81st Street, Elmhurst, Queens County, to her daughter, Benedetta Onora, “ on the express condition that it cannot be sold for a period of ten (10) years after my death.” The purported restraint is void and may be disregarded. (Livingston v. New York, Ontario & W. R. Co., 193 App. Div. 523.) The devise to testatrix’ said daughter is held to be absolute and without restrictions.
In the seventh paragraph…
2Cases cited3 opinions
- In re the Judicial Settlement of the Intermediate Account of HaightAppellate Division of the Supreme Court of the State of New York · 1900
- In Re the Will of LibermanNew York Court of Appeals · 1939
- Livingston v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by4 opinions
- Gerbing v. GriggAppellate Court of Illinois · 1974
- In re the Construction of the Will of AgnewNew York Surrogate's Court · 1957
- In re the Estate of ColluraNew York Surrogate's Court · 1979
- In re the Final Accounting of Bankers Trust Co.New York Surrogate's Court · 1959