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Legal Opinion

In re the Application for a Construction of the Will of Manning

New York Surrogate's Court

Decided March 11, 1929PublishedCited by 7 opinions

1Opinion of the Court

Schenck, S.

The testatrix, by her will, attempted to trustee the greater portion of her estate, and the main questions here presented are (1) whether or not trusts that may be sustained were created or (2) a valid power in trust established. An application for the construction of the will is brought on by petition of the executor, and requests to construe have been filed by persons named as beneficiaries therein. In the judicial construction of the instrument the intention of the testatrix must govern provided such intention is a legal intention and not inconsistent with rules of law or…

2Cases cited14 opinions

  1. Matter of DurandNew York Court of Appeals · 1928
  2. Matter of TrevorNew York Court of Appeals · 1924
  3. In Re the Will of HornerNew York Court of Appeals · 1924
  4. In Re the Accounting of WilcoxNew York Court of Appeals · 1909
  5. In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917

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3Cited by7 opinions

  1. In re the Estate of De ForestNew York Surrogate's Court · 1933
  2. In re the Estate of MorrisonNew York Surrogate's Court · 1939
  3. In re the Accounting of WatonNew York Surrogate's Court · 1954
  4. In re the Construction of the Will of KentNew York Surrogate's Court · 1959
  5. In re the Estate of KrivanAppellate Division of the Supreme Court of the State of New York · 1969

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

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