In re the Estate of McCabe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P. J.
Appeal from that part of an order of the Surrogate’s Court of Chemung County (Buckley, S.), entered April 13, 1999, which construed the language contained in the fifth paragraph of decedent’s last will and testament.
This appeal involves a dispute over the interpretation of a provision of the last will and testament of decedent, a Roman Catholic priest who died on August 25, 1998 with no immediate family. Decedent appointed his cousin, petitioner Jean R. Kiernan, and her husband, petitioner Robert D. Kiernan, Sr., as coexecutors of the will. In the fifth paragraph thereof, he established a…
2Cases cited9 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In re Will of LarkinNew York Court of Appeals · 1961
- In re the Estate CordNew York Court of Appeals · 1983
- In re the Estate of ThallNew York Court of Appeals · 1966
- In re CarmerNew York Court of Appeals · 1988
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3Cited by12 opinions
- In re Trust Created by MalaskyAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Estate of BernsteinNew York Surrogate's Court · 2000
- Matter of AshAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of HusisianAppellate Division of the Supreme Court of the State of New York · 2020
- In re LynchAppellate Division of the Supreme Court of the State of New York · 2014
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