Legal Opinion
In re the Probate of the Will Clonney
New York Surrogate's Court
Decided June 30, 1947PublishedCited by 3 opinions
1Opinion of the Court
Page, S.
In the proceeding for the probate of the last will and testament of the decedent above named, petitioner prays for a construction of certain provisions of said will pursuant to section 145 of the Surrogate’s Court Act.
The construction question to be resolved pertains to the residuary paragraph “ Sixth ” of the will as its provisions may be affected by paragraph “ Seventh ” thereof.
Paragraph “ Sixth ” gives shares in the residuary estate to each of nine beneficiaries. Each is bequeathed (there is no real property in the estate) one tenth, except in the case of one of them, two tenths.…
2Cases cited4 opinions
- Wright v. . WrightNew York Court of Appeals · 1919
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Oliver v. WellsNew York Court of Appeals · 1930
- Lamb v. . LambNew York Court of Appeals · 1892
3Cited by3 opinions
- In re the Accounting of National BankNew York Surrogate's Court · 1958
- In re the Estate of CotterellNew York Surrogate's Court · 1962
- Ferguson v. Massachusetts Society for the Prevention of Cruelty to ChildrenMassachusetts Appeals Court · 1975