Legal Opinion
In re the Probate of the Last Will & Testament of Jaycox
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1931PublishedCited by 5 opinions
1Opinion of the CourtWhitmyer, J.
The construction of the will of the deceased is the sole question. It was admitted to probate without objection. Thereafter proceedings were instituted to revoke probate and it was stipulated in open court by all of the parties that the court should construe it.
The surrogate then decided that the life use of all of the property was vested in the widow, with the right to invade principal, if necessary, but that the will was void otherwise, because it did not dispose of the principal, and the estates thereby created, or attempted to be, were unduly suspended.
Testator died on March 25, 1930. He…
2Cases cited6 opinions
- In re McVicarAppellate Division of the Supreme Court of the State of New York · 1931
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- Seitz v. . FavershamNew York Court of Appeals · 1912
- Callahan v. VolkeAppellate Division of the Supreme Court of the State of New York · 1927
- Matter of FrechNew York Court of Appeals · 1927
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3Cited by5 opinions
- Hilton v. Kinsey Williams v. Kinsey Little Sisters of the Poor v. KinseyCourt of Appeals for the D.C. Circuit · 1950
- In re the Construction of the Will of StephanNew York Surrogate's Court · 1950
- Hood v. St. Louis Union Trust Co.Supreme Court of Missouri · 1933
- In re the Accounting of United States Trust Co.New York Surrogate's Court · 1945
- In re the Accounting of AbbottNew York Surrogate's Court · 1946