Legal Opinion

In Re the Construction of the Will of Maybaum

New York Court of Appeals

Decided February 27, 1947PublishedCited by 26 opinions

1Opinion of the CourtLewis, J.

Upon this appeal we are to construe the following paragraph of the will of Harry Maybaum who died March 1, 1944:

“ Fifth: All the rest, residue and remainder of my estate, both real, personal or mixed, I hereby direct my executor to divide the same after the payment of all administration expenses into three parts, one part consisting of sixty per cent (60%) which I hereby give and bequeath to my common-law wife, Mollie Goodheart, and direct that my executor pay the same to her in monthly payments of Thirty-five ($35.00) Dollars; the second part consisting of thirty per cent (30%) which I give…

2Cases cited8 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In Re the Accounting of TamargoNew York Court of Appeals · 1917
  3. In Re the Probate of the Will of DisneyNew York Court of Appeals · 1907
  4. In Re the Estate of ColeNew York Court of Appeals · 1916
  5. In re the Estate of FosterNew York Surrogate's Court · 1940

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3Cited by26 opinions

  1. In re the Accounting of HellerNew York Court of Appeals · 1954
  2. Estate of LuckelCalifornia Court of Appeal · 1957
  3. Rayco Mfg., Inc. v. Murphy, Rogers, Sloss & GambelOhio Court of Appeals · 2019
  4. Gilbert v. Findlay CollegeCourt of Appeals of Maryland · 1950
  5. In re the Accounting of Bankers Trust Co.New York Court of Appeals · 1957

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