Legal Opinion
In re Carmer
New York Court of Appeals
Decided June 7, 1988PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
The question in this will construction proceeding is whether decedent’s specific bequest of all her shares of common or preferred stock included her interest in the cooperative apartment in which she resided. We hold that it did not, and that the interest passes instead under the will’s residuary clause.
Elizabeth Carmer executed a will in 1973, when she was 72 years old, leaving everything to her husband if he survived her. He did not, however, and in that event the will provided: "I give and bequeath all shares of common or preferred stock of any…
2Cases cited10 opinions
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- State Tax Commission v. ShorNew York Court of Appeals · 1977
- In re Will of LarkinNew York Court of Appeals · 1961
- In re the Estate of ThallNew York Court of Appeals · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Dorce v. City of New YorkCourt of Appeals for the Second Circuit · 2021
- Goya Foods, Inc. v. Wallack Management Co.Court of Appeals for the First Circuit · 2002
- Morrison v. PiperNew York Court of Appeals · 1990
- United States v. 110-118 Riverside Tenants CorporationCourt of Appeals for the Second Circuit · 1989
- In re the Estate of MurrayAppellate Division of the Supreme Court of the State of New York · 2011
49 more not listed; retrieve them via the Exa API.