Legal Opinion

In re the Judicial Settlement of the Account of Klingel

New York Surrogate's Court

Decided October 15, 1913Published

Proceeding upon the judicial settlement of the account of an administratrix.

1Opinion of the Court

Ketcham, S.

This accounting is made under a will mutually executed by the decedent and his wife. Its opening is in *77the usual form. Each testator directs the payment of his or her debts and funeral and testamentary expenses. Then each in the event of his or her death leaving the other gives all of his or her estate to such other. The only remaining disposition is as follows:

“ Fourth. In the event we both should die at the same time by some calamity, accident, or otherwise die together, without an opportunity for the survivor of us to make any other testamentary disposition of the estate of…

2Cases cited15 opinions

  1. Edson v. . ParsonsNew York Court of Appeals · 1898
  2. Frazier v. PattersonIllinois Supreme Court · 1909
  3. Bower v. DanielSupreme Court of Missouri · 1906
  4. In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
  5. Rastetter v. HoenningerAppellate Division of the Supreme Court of the State of New York · 1912

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