Legal Opinion
In re the Construction of the Will of Gioe
New York Surrogate's Court
Decided October 29, 1953PublishedCited by 3 opinions
1Opinion of the Court
Rubenstein, S.
Testator’s brother petitions for a construction of the will praying for an adjudication that he has the right, under the terms of the will, to purchase certain property of Brady & Gioe, Inc., at not more than the price set forth in the will.
The provisions of importance give testator’s residuary estate to his trustees in trust to pay the income therefrom to his wife for life. On his wife’s death, testator gives the unexpended corpus to his daughter. The present controversy arises from language in paragraph “ SIXTH ” of the will which, insofar as it is pertinent, gives the…
2Cases cited9 opinions
- Collister v. . FassittNew York Court of Appeals · 1900
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- Kurtz v. WiechmannAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Probate of the Last Will & Testament of RandallNew York Surrogate's Court · 1912
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3Cited by3 opinions
- In re the Estate of RossNew York Surrogate's Court · 1978
- In re the Construction of the Will of KentNew York Surrogate's Court · 1959
- In re the Construction of the Will of KaminesterNew York Surrogate's Court · 1959