Legal Opinion

In Re the Will of Bauer

New York Court of Appeals

Decided December 3, 1942PublishedCited by 12 opinions

1Opinion of the Court

Lehman, Ch. J.

The testator, Frank M. Bauer, died on July 20, 1938. His will, admitted to probate on July 23, 1938, was executed on May 5, 1938, less than three months before his death. In the third paragraph of his will the testator bequeathed to a cemetery the sum of $1,500, the income of which is to be used for the care and maintenance of his burial plot in the cemetery. In the fourth paragraph the testator provided: “ I give and bequeath the sum of Twenty Thousand Dollars ($20,000) to my aunts Annie E. Helck and Mary L. Helck, equally, or if either of them shall predecease me, to the…

2Cases cited3 opinions

  1. In re the Estate of BushNew York Surrogate's Court · 1925
  2. In re the Estate of DuniganNew York Surrogate's Court · 1941
  3. In re HerbornAppellate Division of the Supreme Court of the State of New York · 1919

3Cited by12 opinions

  1. Greenfield EstateSupreme Court of Pennsylvania · 1974
  2. In re the Construction of the Will of DillonNew York Surrogate's Court · 1951
  3. In re the Construction of the Will of StukaloNew York Surrogate's Court · 1957
  4. In re the Will of HohnNew York Surrogate's Court · 1943
  5. In re the Will of RothNew York Surrogate's Court · 1944

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