Legal Opinion

In re the Estate of Leahy

New York Surrogate's Court

Decided November 15, 1922PublishedCited by 5 opinions

1Opinion of the Court

Foley, S.

The testatrix evidently intended by the 7th paragraph of her will to create seven separate trusts for the benefit of her children. The language of that paragraph is as follows: “Seventh: All the rest, residue and remainder of my estate, * * * I give, devise and bequeath to my executors, * * * in trust nevertheless as trustees to collect and receive the rents, income, issues *557and profits thereof and divide the same when so collected * * * into seven equal parts and to give one full equal part to each of my following children, viz., Esther, Mamie, Edward, Lucy, Ida, Katherine and…

2Cases cited3 opinions

  1. Matter of TienkenNew York Court of Appeals · 1892
  2. Furniss v. . CruikshankNew York Court of Appeals · 1921
  3. Ray v. FowlerAppellate Division of the Supreme Court of the State of New York · 1922

3Cited by5 opinions

  1. In re the Estate of ConnorNew York Surrogate's Court · 1962
  2. Janura v. FenclWisconsin Supreme Court · 1952
  3. In re the Estate of NarwoodNew York Surrogate's Court · 1931
  4. In re the Estate of KennedyNew York Surrogate's Court · 1934
  5. Fish v. DeadyNew York Supreme Court · 1926

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