Legal Opinion

In re the Estate of Bates

New York Surrogate's Court

Decided March 19, 1940PublishedCited by 4 opinions

1Opinion of the Court

Wingate, S.

The question of testamentary interpretation here propounded relates to the persons entitled to participate in the remainder distribution of three trusts erected by the will of this decedent who died November 29, 1901. The particular item in question is numbered “ Fifteenth ” and provides that if any part of the property of the decedent shall be found to have failed of valid disposition in the preceding items of the will, then such part, “ I wish and direct to be equally divided and go one third to the next of kin of myself as if I had died intestate, one third to the next of ]dn of…

2Cases cited34 opinions

  1. Tillman v. . DavisNew York Court of Appeals · 1884
  2. Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
  3. Read v. . WilliamsNew York Court of Appeals · 1891
  4. Van Nostrand v. . MooreNew York Court of Appeals · 1873
  5. In Re the Accounting of ProssNew York Court of Appeals · 1936

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3Cited by4 opinions

  1. In re the Construction of the Will of CharlesNew York Surrogate's Court · 1951
  2. In re the Estate of HeckerNew York Surrogate's Court · 1942
  3. In re the Accounting of WellerNew York Supreme Court · 1957
  4. In re the Accounting of GuldenNew York Surrogate's Court · 1946

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