Legal Opinion

In re the Will of Bernheimer

New York Surrogate's Court

Decided June 26, 1943PublishedCited by 1 opinion

1Opinion of the Court

Foley, S.

A construction of the will is requested by the accounting trustees. The question is whether the remainder interests in the residuary trust vested in the children of the testator at the time of his death or whether they are contingent upon the children surviving the life beneficiary.

The Surrogate holds that the testator intended a gift to a class. It was clearly contingent. Survivorship to the death of the life beneficiary was made a prerequisite to the vesting of the remainders. (Matter of Bostwick, 236 N. Y. 242; N. Y. Life Ins. & Trust Co. v. Winthrop, 237 N. Y. 93; Matter of…

2Cases cited8 opinions

In Re the Accounting of BuechnerNew York Court of Appeals · 1919
In Re Proving the Will of MountNew York Court of Appeals · 1906
New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1923
Looram v. LooramNew York Court of Appeals · 1936

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

3Cited by1 opinion

In re the Estate of JonesNew York Surrogate's Court · 1965