In re the Judicial Settlement of the Intermediate Account of Proceedings of Locke
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Interlocutory decree of the Surrogate’s Court of Nassau county, in so far as it holds valid the bequest in trust contained in paragraph 6 of tim will of Herman Rausch, reversed upon the law, with costs, payable out of the estate, to each party filing a brief; and the said provision, in so far as it attempts incorporation of a certain trust agreement is invalid and the testator shall be deemed to have died intestate as to the property involved therein. The trust agreement is eoncededly testamentary in character. The incorporation, by reference, of unattested documents testamentary in character…
2Cases cited6 opinions
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- In Re the Will of FowlesNew York Court of Appeals · 1918
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In Re the Judicial Settlement of the Accounts of PiffardNew York Court of Appeals · 1888
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
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