Legal Opinion

In re the Estate of Wallace

New York Surrogate's Court

Decided January 7, 1976Published

1Opinion of the Court

Edward M. Horey, S.

In the accounting proceeding in this estate, it becomes necessary to determine by construction the nature of a legacy given by the decedent in the following paragraph of his will: "SECOND: I direct that my executor, hereinafter named, sell my house and lot at 22 Second Avenue, in the Village of Franklinville, County of Cattaraugus *176and State of New York, as soon after my death as, in his judgment, is practicable; and I direct that the proceeds of such sale shall be divided equally among the children of my deceased son, Harold B. Wallace.”

The basic facts are conceded by…

2Cases cited16 opinions

In re the Estate of SmallmanNew York Surrogate's Court · 1931
Crawford v. . McCarthyNew York Court of Appeals · 1899
In Re the Accounting of BrannNew York Court of Appeals · 1916
In re the Judicial Settlement of the Accounts of MatthewsAppellate Division of the Supreme Court of the State of New York · 1907
In re the Accounting of Y. B. GardenNew York Court of Appeals · 1960

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