Legal Opinion

In Re the Will of Mayers

New York Court of Appeals

Decided July 19, 1949PublishedCited by 9 opinions

1Opinion of the CourtBromley, J.

On this appeal we must determine the appropriate rule for the ultimate disposition of trust assets under section 17 of the Decedent Estate Law when a testamentary-gift in remainder to charity has been found to violate the statute.

Jacob Mayers, a resident of New York County, died on November 15, 1943, survived by a widow and a sister, appellants herein. He left an estate which the parties agree amounted to $2,453,069.39 and debts amounting to $93,592.56. By his will Mayers gave a number of small legácies and directed that the residue was to pass in trust to his wife and sister for their lives.…

2Cases cited10 opinions

  1. Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
  2. In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1925
  3. In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
  4. In Re the Accounting of DurandNew York Court of Appeals · 1909
  5. In re the Estate of AppleNew York Surrogate's Court · 1931

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re the Estate of CairoAppellate Division of the Supreme Court of the State of New York · 1970
  2. In re the Estate of WalshNew York Surrogate's Court · 1962
  3. In re the Estate of GennaNew York Surrogate's Court · 1972
  4. In re the Estate of RothkoNew York Surrogate's Court · 1979
  5. In re the Estate of CaseyNew York Surrogate's Court · 1956

4 more not listed; retrieve them via the Exa API.

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