Legal Opinion
In re the Estate of Marsh
New York Surrogate's Court
Decided May 6, 1932PublishedCited by 20 opinions
1Opinion of the Court
Wingate, S.
The sole question here presented for determination is whether a child, adopted by the daughter of testator twenty-four years after the date of the latter’s will, is within a testamentary description of “ descendants ” of such daughter.
Edward H. Marsh executed the will which is the subject-matter of this construction on December 28, 1883. He died less than three months later. He was survived by a widow, by two children of a prior marriage, Charles and Frank, and by a daughter of his then existing marriage, Harriet.
The fifth item of his will, so far as presently material, reads as…
2Cases cited41 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Psota v. Long Island R.R. Co.New York Court of Appeals · 1927
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
36 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- In re the Construction of the Will of CharlesNew York Surrogate's Court · 1951
- In re the Estate of GuilmartinNew York Surrogate's Court · 1935
- In re the Estate of CoffinNew York Surrogate's Court · 1934
- In re ConnollyNew York Surrogate's Court · 1935
15 more not listed; retrieve them via the Exa API.