Legal Opinion

In re the Estate of McKim

New York Surrogate's Court

Decided January 15, 1921PublishedCited by 10 opinions

Proceeding upon the construction of a will.

1Opinion of the Court

Foley, S.

In this accounting proceeding a question of construction arises. Paragraph 4 of testator’s will gave the sum of $100,000 in trust to the accounting *721trustee, the income of which was to 'be paid to certain life beneficiaries, and further provided in part as follows: “ * * * A. The interest on one such fourth part or twenty-five thousand dollars ($25,000) unto my son Robert A. McKim for and during his life, and upon his decease the said trust, with respect to such part, shall terminate and the principal of such fourth part shall be equally divided among all my surviving grandchildren…

2Cases cited3 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. Baer v. HendricksNew York Court of Appeals · 1895
  3. In re the Judicial Settlement of the Account of PhipardAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by10 opinions

  1. In re the Estate of BendheimNew York Surrogate's Court · 1924
  2. In re the Accounting of Bank of New YorkNew York Court of Appeals · 1959
  3. In re the Estate of CanfieldNew York Surrogate's Court · 1930
  4. In re the Judicial Settlement of the Estate of BaileyNew York Surrogate's Court · 1925
  5. In re the Estate of WinslowNew York Surrogate's Court · 1930

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