Legal Opinion

In re the Estate of Ely

New York Surrogate's Court

Decided August 12, 1927Published

1Opinion of the Court

O’Brien, S.

This is a trustee’s accounting in which a question of construction of the will of the above-named testator is presented for decision. The will, after directing the payment of debts and bequeathing $300 for the perpetual care of a cemetery plot, creates a trust of all the rest, residue and remainder of the estate for the benefit of the testator’s widow, Fannie C. Ely, she to receive the income for life. Upon her death three-sixths of the residue so held in trust is bequeathed to beneficiaries outright; the other three-sixths the trustees are directed to continue to hold in trust and…

2Cases cited5 opinions

  1. Kalish v. . KalishNew York Court of Appeals · 1901
  2. In Re the Accounting of KingNew York Court of Appeals · 1910
  3. Leach v. . GodwinNew York Court of Appeals · 1910
  4. In re the Estate of EricksonNew York Surrogate's Court · 1920
  5. In re HanceAppellate Division of the Supreme Court of the State of New York · 1920

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