Legal Opinion
In re the Judicial Construction of the Last Will & Testament of Killen
New York Surrogate's Court
Decided April 1, 1925PublishedCited by 4 opinions
1Opinion of the Court
Slater, S.:
The executor asks for the construction of the will of the decedent dated January 17, 1923, and offered for probate on April 17, 1923. The 22d paragraph of the will reads: “ All the rest, residue and remainder of my estate, I give, devise and bequeath unto my Executor hereinafter named to be expended by him for such charitable purposes as in his discretion will best meet my wishes. All of said rest, residue and remainder of my estate to be expended in Ireland for charitable purposes.”
Two questions are raised. Is the bequest invalid by reason of the indefiniteness or uncertainty of…
2Cases cited6 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Butterworth v. . KeelerNew York Court of Appeals · 1916
- Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
- In Re the Estate of GrootNew York Court of Appeals · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Murphey v. American Jewish CongressCalifornia Supreme Court · 1936
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In re the Accounting of FosterNew York Surrogate's Court · 1955
- In re the Accounting of KuhnenNew York Surrogate's Court · 1958