Legal Opinion

In re the Construction of the Will of Orrell

New York Surrogate's Court

Decided February 7, 1957PublishedCited by 1 opinion

1Opinion of the Court

Maximilian Moss, S.

The petition seeks a construction of articles “ Sixth ”, “ Seventh ” and “ Eighth ” of the testator’s will. By the terms of the “ Sixth ” article the testator did “give and bequeath the real property No. 416-13th Street * * * to Deborah L. Nellis and Alice Nellis * * * during their natural lives.” There is no specific disposition therein made of the remainder after the termination of the said life estates. Articles “ Seventh ” and “ Eighth ” are both in form residuary clauses. The former article provided that “ all the rest, residue and remainder of the estate ” including…

2Cases cited4 opinions

  1. Roe v. . VingutNew York Court of Appeals · 1889
  2. In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1909
  3. Dougherty v. . ThompsonNew York Court of Appeals · 1901
  4. In re the Accounting of MorganNew York Surrogate's Court · 1948

3Cited by1 opinion

  1. In re the Estate of NewhouseNew York Surrogate's Court · 1960

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