Legal Opinion

In re the Estate of Bates

New York Surrogate's Court

Decided September 6, 1934PublishedCited by 10 opinions

1Opinion of the Court

Wingate, S.

The contested question of construction on this accounting gives renewed point to the old English barristers’ toast: “ To the jolly Testator who makes his own will.” The document in question is on the usual legal form and was obviously prepared without legal advice.

Excluding the stock introductory paragraph, the appointment of the executor and the in testimonium clause, the instrument reads: “ First, after my lawful debts are paid I give and bequeath to John B. Pickling of 325 Stratford Road, Brooklyn, N. Y., the sum of Five Hundred ($500) Dollars.

“ Second, I give and bequeath any…

2Cases cited10 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  3. In re the Estate of CallahanNew York Surrogate's Court · 1931
  4. In re the Estate of SmithNew York Surrogate's Court · 1930
  5. In Re the Estate of CallahanNew York Court of Appeals · 1933

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In re the Estate of DraskeNew York Surrogate's Court · 1936
  2. In re the Estate of NebeNew York Surrogate's Court · 1935
  3. In re the Estate of FrankNew York Surrogate's Court · 1934
  4. In re the Estate of HookerNew York Surrogate's Court · 1940
  5. In re the Estate of RieckeNew York Surrogate's Court · 1937

5 more not listed; retrieve them via the Exa API.

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