Legal Opinion

In re the Estate of Messer

New York Surrogate's Court

Decided March 7, 1962PublishedCited by 1 opinion

1Opinion of the Court

Alonzo J. Prey, S.

This is a proceeding, as the title indicates, for a construction of the last will and testament of the above-named deceased in which the petitioner seeks to obtain an order construing the trust clause of the will of said deceased which will direct the trustees to invade the corpus of the trust for her support and maintenance.

John A. Messer died a resident of the City of Olean, Cattaraugus County, New York, on the 21st day of January, 1947, leaving a last will and testament and a codicil thereto which were duly admitted to probate in the Surrogate’s Court of Cattaraugus…

2Cases cited7 opinions

In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936
In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
Proctor v. HeyerMassachusetts Supreme Judicial Court · 1877
In re the Testamentary Trust Created by the Will of SheaAppellate Division of the Supreme Court of the State of New York · 1931
In re the Construction of the Will of RockwellNew York Surrogate's Court · 1960

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

In re the Construction of the Will of FlyerNew York Court of Appeals · 1969