In re the Estate of Holmes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtDel Vecchio, J.
The testator died in 1943 leaving a will executed in 1941 which created a trust of his residuary estate with income, and so much of principal as his trustees might deem necessary for her care and maintenance, to a favored niece Florence for her life; upon her death, income from the trust estate to be divided equally among two nephews and a niece, Clifford, John, and Ruth; upon the death of the latter beneficiaries, " the portion bequeathed to him or her shall then go to the surviving nephews or niece, as the case may be, to be divided equally between them ”; and upon the death of the last…
2Cases cited7 opinions
- Matter of DurandNew York Court of Appeals · 1928
- Kalish v. . KalishNew York Court of Appeals · 1901
- In Re the Will of HornerNew York Court of Appeals · 1924
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- In Re the Accounting of ProssNew York Court of Appeals · 1936
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3Cited by3 opinions
- In re the Estate of PaceNew York Surrogate's Court · 1977
- Matter of DaweAppellate Division of the Supreme Court of the State of New York · 2020
- In re the Estate of ToeplitzNew York Surrogate's Court · 1975