Legal Opinion

In re the Estate of McShane

New York Surrogate's Court

Decided March 25, 1936PublishedCited by 2 opinions

1Opinion of the Court

Wingate, S.

Only one question of testamentary interpretation has survived the hearing, the others having been decided from the bench. This concerns the seventh item of the will which reads: “ The remainder of jewelry, to be divided between Rosina Termini and the daughters of my son, Edward A. McShane.” (Italics not in original.)

The question is as to the meaning to be attributed to the italicized word. There are seven daughters of testatrix’s son, Edward A. McShane, and it is their contention that the word “ between ” should be given the connotation of “ among ” so that each is to receive…

2Cases cited6 opinions

  1. In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
  2. Soper v. . BrownNew York Court of Appeals · 1892
  3. Ferrer v. . PyneNew York Court of Appeals · 1880
  4. Ihrie's EstateSupreme Court of Pennsylvania · 1894
  5. In re the Judicial Settlement of the Account of KleemanNew York Surrogate's Court · 1908

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

3Cited by2 opinions

  1. In re the Estate of DudleyNew York Surrogate's Court · 1938
  2. In re the Estate of HookerNew York Surrogate's Court · 1940

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