Legal Opinion

Montague v. Dexter

New York Supreme Court

Decided April 15, 1920Published

Action for the construction of a will.

1Opinion of the CourtDavis, J.

This action is brought by the trustees under the will of Henry Cary for an adjudication as to the persons now entitled to a one twenty-eighth part of the real and personal property belonging to the residuary estate of Henry Cary, who died on the 18th of August, 1857, and whose will was admitted to probate by the surrogate of the county of Hew York *382November 9, 1857. Under the 13th clause of his will Henry Cary gave and bequeathed “ all my said residuary estate, real and personal, after the fulfillment- of all the duties and trusts herein declared, or such of them as shall be legal and valid,…

2Cases cited4 opinions

  1. Benedict v. . WebbNew York Court of Appeals · 1885
  2. Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
  3. In re the Probate of a Paper Propounded as Last Will & Testament of TurnerAppellate Division of the Supreme Court of the State of New York · 1911
  4. Montague v. CurtisNew York Supreme Court · 1919

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