Legal Opinion

In re the Accounting of Schulze

New York Surrogate's Court

Decided October 20, 1958Published

1Opinion of the Court

Maximilian Moss, S.

Upon the accounting in this estate the court is required to construe the will and to determine whether or not the election of the widow to take her dower in the real property effected an acceleration of the trust created under paragraph “ Third ” of the will.

Testator died on January 9, 1952 survived by his widow and one daughter, the only issue of their marriage. Testator’s will dated May 14, 1926, executed shortly after his marriage, was duly admitted to probate by this court on June 26, 1952. By paragraph *1 Third ’ ’ of his will testator left all his property in trust with…

2Cases cited26 opinions

  1. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
  2. Matter of DurandNew York Court of Appeals · 1928
  3. Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
  4. Konvalinka v. . SchlegelNew York Court of Appeals · 1887
  5. In re the Accounting of KeyserlingNew York Court of Appeals · 1954

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