Legal Opinion

In re the Accounting of McQuade

New York Surrogate's Court

Decided May 3, 1954PublishedCited by 3 opinions

1Opinion of the Court

Collins, S.

Upon the proof adduced at the hearing the court holds that the objectants have established their status as the only distributees of the decedent. Their right to share in this estate will depend upon the effect given to the directions contained in paragraph eighth of the will which provided: “ I direct my executors to use the balance of my estate for the keeping of my grave and to use the money as they shall see fit for same. ’ ’ The court holds that the testamentary direction does not constitute an unequivocal and explicit direction to appropriate the entire residuary estate for…

2Cases cited3 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
  2. In re the Probate of the Last Will & Testament of TurkNew York Surrogate's Court · 1927
  3. In re the Probate of the Will of BaeuchleNew York Court of Appeals · 1950

3Cited by3 opinions

  1. In re Construction of the Will of GetmanAppellate Division of the Supreme Court of the State of New York · 1968
  2. In re the Construction of the Will of ZernekNew York Surrogate's Court · 1958
  3. In re Construction of the Will of GetmanAppellate Division of the Supreme Court of the State of New York · 1968

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