Legal Opinion
In re the Probate of the Will of Roy
New York Surrogate's Court
Decided July 2, 1957PublishedCited by 1 opinion
1Opinion of the Court
John D. Bennett, S.
The propounded instrument will be admitted to probate, it having been established that it was executed in the manner prescribed by section 21 of the Decedent Estate Law and that at the time of its execution the decedent was of sound mind and free from restraint.
A construction of paragraph Fourth of the will is also sought. Paragraph Fourth reads as follows: “ I hereby nominate, constitute and appoint as executor of this my last will and testament and as guardian of the property of my daughter Phyllis A. Roy if she be under the age of twenty-one years at the time of my…
2Cases cited7 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Downing v. . MarshallNew York Court of Appeals · 1861
- Belmont v. . O'BrienNew York Court of Appeals · 1855
- In Re the Accounting of KelloggNew York Court of Appeals · 1907
- In re the Judicial Settlement of the Accounts of the of the Last Will & Testament of BaumannNew York Surrogate's Court · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jackson v. Commissioner of Motor VehiclesNew York Supreme Court · 1972