Legal Opinion

In re the Estate of Dean

New York Surrogate's Court

Decided December 1, 1938PublishedCited by 1 opinion

1Opinion of the Court

Foley, S.

This is a trustees’ accounting in which a construction of the will is sought. By the twelfth paragraph of his will the testator created a trust of $50,000 for the benefit of Katherine Hanrahan during her life. The remainder of this trust is disposed of in the following language: “ and upon her death the principal shall be disposed of by the residuary clause of this will.” The *975residuary clause is couched in very broad language and makes a gift of the entire residuary estate to two persons in equal shares.

Katherine Hanrahan, the cestui, is now dead. The personal property in the estate…

2Cases cited5 opinions

  1. In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1909
  2. Ely v. . MegieNew York Court of Appeals · 1916
  3. In Re the Accounting of McNaierNew York Court of Appeals · 1926
  4. In re the Estate of BrewsterNew York Surrogate's Court · 1932
  5. In re the Estate of EagleNew York Surrogate's Court · 1938

3Cited by1 opinion

  1. In re Van DeusenNew York Surrogate's Court · 1960

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