Legal Opinion

Lanza v. DiFronzo

Cuyahoga County Probate Court

Decided July 1, 1949No. 405770PublishedCited by 1 opinion

1Opinion of the Court

*311OPINION

By BREWER, J.

This cause came on to be heard on the petition for the construction of the last will and testament of Antonio DiFronzo, deceased. The Court has been asked to interpret Item 15, which provides as follows:

“The balance of my estate to go for Masses for the repose of the souls of myself and by beloved wife, Maria DiFronzo.”

Certain non-resident defendants, by way of answer, maintain that the instrument 'under consideration “is not a charitable or religious bequest, and that by reason thereof, the doctrine of cy pres does not apply; that Item 15 is ambiguous, uncertain, without…

2Cases cited23 opinions

  1. Russell v. AllenSupreme Court of the United States · 1883
  2. Burke v. BurkeIllinois Supreme Court · 1913
  3. In Re the Accounting of MorrisNew York Court of Appeals · 1919
  4. SchoulerMassachusetts Supreme Judicial Court · 1883
  5. Estate of McDoleCalifornia Supreme Court · 1932

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3Cited by1 opinion

  1. In re ShanahanSandusky County Probate Court · 1951

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