In re the Final Judicial Settlement of the Account of Proceedings of Neydorff
Appellate Division of the Supreme Court of the State of New York
Appeal by Gertrude M. H. Neydorff, individually, from a decree of the Surrogate’s Court of the county of Albany, entered in the office of said Surrogate’s Court on the 24th day of March, 1920, wherein the surrogate determined that the legacies bequeathed to Charles R. Helmes and Salmia H. Case, both of whom predeceased the testator, were payable to the descendants of said deceased legatees.
1Opinion of the Court
Woodward, J.:
The question presented upon this appeal is the construction of the last will and testament of Leslie H. Helmes, deceased. This will gave to each of decedent’s brothers and sisters the sum of $1,000. It then gives to his daughter, Olive May Helmes Willey, “ and to each of my grandsons, Leslie Helmes Willey and Everett Willey,” the sum of $1,000, and then provides that All the rest, residue and remainder of my estate, real and personal, including lapsed legacies, I give and devise to my niece, Gertrude Margarete Helmes,” The testator then nominates and appoints this niece, Gertrude…
2Cases cited5 opinions
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- In re the Estate of PearsallNew York Surrogate's Court · 1915
- Van Pretres v. ColeSupreme Court of Missouri · 1880
3Cited by31 opinions
- Blevins v. MoranCourt of Appeals of Kentucky · 2000
- Jensen v. NelsonSupreme Court of Iowa · 1945
- In re NorthropAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of AgrellaNew York Surrogate's Court · 1940
- In re the Estate of McKeonNew York Surrogate's Court · 1944
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