Legal Opinion
In re the Estate of Herceg
New York Surrogate's Court
Decided September 13, 2002PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Eugene E. Peckham, S.
The residuary clause of the will of Eugenia Herceg, dated *202December 2, 1999, which was admitted to probate on August 16, 2001, reads as follows: “All the rest, residue and remainder of the property which I may own at the time of my death, real and personal, and wheresoever the same may be situate.” There is no more. The name of the intended beneficiary of the residuary is missing. As a practical matter, the residuary clause amounts to only 10% of the estate, since the will made preresiduary bequests of 90% of the net estate.
Colomba Pastorino, as…
2Cases cited15 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Brown v. . QuintardNew York Court of Appeals · 1903
- In Re the Estate of HayesNew York Court of Appeals · 1934
- In re Will of LarkinNew York Court of Appeals · 1961
- In re the Estate CordNew York Court of Appeals · 1983
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3Cited by2 opinions
- Radin v. Jewish National FundCalifornia Supreme Court · 2015
- In re the Estate of McHughNew York Supreme Court · 2006