Legal Opinion

In re the Estate of Hastings

New York Surrogate's Court

Decided May 12, 1944PublishedCited by 5 opinions

1Opinion of the Court

Delehanty, S.

When the will of deceased is examined as a whole it is seen that he intended to charge the capital of his estate only with his debts, funeral expenses (including a mausoleum) and the outright legacies provided for in paragraphs third and eighth of the will. His major and controlling purpose was to put all the rest of his capital into the hands of his trustee with direction that it use part to erect a sanitarium and that it invest and keep invested the remainder of his capital with the income to be used wholly for charitable purposes, except that temporarily some of such income…

2Cases cited3 opinions

  1. State of Colorado v. . HarbeckNew York Court of Appeals · 1921
  2. In Re the Accounting of Livingston PlattNew York Court of Appeals · 1931
  3. In re the Estate of BrownNew York Surrogate's Court · 1944

3Cited by5 opinions

  1. Lynch v. Kentucky Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1960
  2. In re the Estate of ProvotNew York Surrogate's Court · 1946
  3. In re the Accounting of MarvinNew York Surrogate's Court · 1948
  4. In re the Accounting of BourneNew York Supreme Court · 1950
  5. In re the Construction of the Will of SteinbergerNew York Surrogate's Court · 1958

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