Legal Opinion

In re the Estate of McCarthy

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 1975PublishedCited by 5 opinions

1Opinion of the CourtGoldman, J.

Thomas L. Mooney, a residuary legatee under the will of Dennis V. McCarthy, appeals from those parts of an order of Surrogate’s Court, Allegany County, which denied his prayer (1) that accretions due to certain stock splits be declared to accrue to the residuary estate rather than to the named legatees of the original stock; and (2) that a residuary bequest to St. Elizabeth’s Convent be declared to have lapsed.

By will dated January 3, 1956 the testator left 100-share blocks of various oil company stocks to several religious institutions, in bequests in the following form: "I give and bequeath…

2Cases cited14 opinions

  1. In Re the Estate of HayesNew York Court of Appeals · 1934
  2. Matter of RookerNew York Court of Appeals · 1928
  3. Kernochan v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
  4. Kernochan v. . the Farmers' Loan and Trust CompanyNew York Court of Appeals · 1920
  5. City Bank Farmers Trust Co. v. ArnoldNew York Court of Appeals · 1940

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

3Cited by5 opinions

  1. In re Estate of SadowskiAppellate Division of the Supreme Court of the State of New York · 2005
  2. Guy v. Crill, Texas Court of Appeals, 5th District (Dallas)1983
  3. In re the Estate of OliverioNew York Surrogate's Court · 1979
  4. In re the Accounting of United States Trust Co.New York Supreme Court · 1981
  5. In re the Estate of BrownAppellate Division of the Supreme Court of the State of New York · 1985

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