Legal Opinion

In re the Probate of the Will of Baeuchle

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

Decided January 30, 1950Published

1Opinion of the Court

*926Nolan, P. J., Carswell, Sneed and MaeCrate, JJ., concur; Johnston, J., concurs as to affirmance of the decree insofar as appealed from by the executor and trustee, but, on the appeal of the contestants, dissents and votes to modify the decree by striking out the second decretal paragraph and by substituting therefor a provision that paragraph “ Seventeenth ” of the will requires that the executors and trustees exercise the discretion vested in them to purchase a suitable plot and to erect thereon a suitable mausoleum, subject to review by the Surrogate; that sufficient moneys be then left for…

2Cases cited5 opinions

  1. In Re the Accounting of MorrisNew York Court of Appeals · 1919
  2. In re the Estate of YoungNew York Surrogate's Court · 1915
  3. In re the Probate of the Last Will & Testament of TurkNew York Surrogate's Court · 1927
  4. In re the Will of BackesNew York Surrogate's Court · 1894
  5. American Security & Trust Co. v. Unknown Heirs at Law & Next of Kin of SpencerCourt of Appeals for the D.C. Circuit · 1936

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