Legal Opinion
In re the Estate of Foster
New York Surrogate's Court
Decided April 26, 1940PublishedCited by 4 opinions
1Opinion of the Court
Taylor, S.
The will of this decedent provides a substantial legacy to “ Mr. Frederic Foster Carey, of Tuxedo Park, Orange County, New York,” and the questions are presented by reason of the fact that there were father and son of the same name living at the same address.
The fiduciary takes the position that the burden is upon the one claiming to be the individual intended to prove that allegation. A fiduciary is in law disinterested with respect to conflicting claims to the same legacy, except that it is his duty to pay it over only to the person he is satisfied is the person intended by the…
2Cases cited19 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Morris v. . SicklyNew York Court of Appeals · 1892
- Padgett v. LawrenceNew York Court of Chancery · 1843
- In re the Probate of the Last Will & Testament of DelaneyAppellate Division of the Supreme Court of the State of New York · 1909
- Doty v. DotyIllinois Supreme Court · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Federici v. Metropolis Night Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- In re the Accounting of WicksNew York Surrogate's Court · 1961
- Kiaer v. GilliganAppellate Division of the Supreme Court of the State of New York · 2009
- Weidaw Estate, Pennsylvania Court of Common Pleas, Northampton County1973