Legal Opinion
In re the Estate of McKeon
New York Surrogate's Court
Decided February 23, 1960PublishedCited by 5 opinions
1Opinion of the Court
Maximilian Moss, S.
The decedent died testate on May 21, 1958, leaving a will dated January 13, 1949, wherein she gave everything to a brother. He predeceased her without issue, and therefore the testatrix in effect died intestate. The decedent’s distributees her surviving were (1) a niece, who is the accountant and the only child of another predeceased brother; and (2) the issue of a predeceased sister, composed of four nephews, a niece, and six grandnieces and grandnephews who are the children of a predeceased niece. The accountant challenges the applicability of the equitable rule of…
2Cases cited13 opinions
- In Re the Will of SamsonNew York Court of Appeals · 1931
- Adee v. . CampbellNew York Court of Appeals · 1879
- In re the Judicial Settlement of the Account of De VoeAppellate Division of the Supreme Court of the State of New York · 1905
- In Re the Accounting of De VoeNew York Court of Appeals · 1906
- In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
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3Cited by5 opinions
- In re the Will of PowersNew York Surrogate's Court · 1960
- Fiona, Inc. v. ConklinAppellate Division of the Supreme Court of the State of New York · 1985
- In re the Construction & Division of the Trust for the Benefit of FussellAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of DarmstadterNew York Surrogate's Court · 1967
- In re the Estate of LuongoAppellate Division of the Supreme Court of the State of New York · 1998