Legal Opinion

In re the Accounting of Judson

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

Decided July 11, 1956Published

1Opinion of the CourtWilliams, J.

This is an accounting proceeding by the trustees under the will of Eliza Lillian Ablett. The will was executed in 1931, and testatrix died in the same year. Petitioners seek construction, in the light of events which have transpired, of paragraph 17 of the will, which, so far as relevant, provides: “ Upon the death of James Vincent [testatrix* step-brother and the life beneficiary of the residuary estate], and after the deduction of the above bequest [to a humane society], I direct my trustees to divide my residuary estate into five equal parts and to pay one of said parts to the London…

2Cases cited18 opinions

  1. In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
  2. In Re the Final Accounting of GardnerNew York Court of Appeals · 1893
  3. In re Judicial Settlement of the Accounts of EmbreeAppellate Division of the Supreme Court of the State of New York · 1896
  4. In re the Estate of SoyNew York Surrogate's Court · 1932
  5. In re National City BankAppellate Division of the Supreme Court of the State of New York · 1939

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