Legal Opinion
In re the Estate of Hoole
New York Surrogate's Court
Decided October 9, 1935PublishedCited by 5 opinions
1Opinion of the Court
Wingate, S.
The controversy in this proceeding for testamentary interpretation presents the perennial problem of whether a remainder is vested or contingent.
The testatrix erected a trust from the remainder of her estate with life use to her son. The will then read:
“ Upon the death of my son * * * I direct my trustees * * * to pay over and divide the said trust fund as follows:
*822“(1) If my son shall leave him surviving any lawful issue then and in that event, the whole of the said trust fund shall be paid over to such lawful issue, share and share alike.
“ (2) In the event of the death of my son *…
2Cases cited16 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Flynn v. . McDermottNew York Court of Appeals · 1905
- In re the Estate of SoyNew York Surrogate's Court · 1932
- In re Franklin Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- In re Irving Trust Co.New York Surrogate's Court · 1929
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of HearnNew York Surrogate's Court · 1936
- In re the Estate of HertsNew York Surrogate's Court · 1937
- In re the Construction of the Will of BruckheimerNew York Surrogate's Court · 1942
- In re the Accounting of First National City BankNew York Surrogate's Court · 1957
- In re the Estate of LeshukNew York Surrogate's Court · 1936