Legal Opinion
In re the Estate of Weiler
New York Surrogate's Court
Decided December 21, 1990PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
At issue in this proceeding is whether the doctrine of ademption applicable to specific legacies should be extended to the remainder of a trust which was disposed of after the death of the testatrix but before the termination of the trust.
*372Testatrix, Renee Weiler, died in 1974 survived by her husband Theodore. Among the dispositions in her will, Mrs. Weiler established a residuary trust for the life income benefit of her husband. Upon Theodore’s death, the remainder of such trust, except for the trust’s interest in two businesses, is payable one half to…
2Cases cited11 opinions
- In Re the Accounting of BrannNew York Court of Appeals · 1916
- In Re the Accounting of National Bank & Trust Co.New York Court of Appeals · 1931
- In re the Accounting of Y. B. GardenNew York Court of Appeals · 1960
- In re the Estate of ClarkNew York Surrogate's Court · 1977
- In re the Estate of BarnwellNew York Surrogate's Court · 1976
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3Cited by1 opinion
- Bollman v. PehlmanAppellate Court of Illinois · 2004