Legal Opinion

In re the Estate of Brennan

New York Surrogate's Court

Decided September 6, 1966Published

1Opinion of the Court

William J. Regan, S.

A construction proceeding of paragraph 18th of the will of the above decedent has been brought. This paragraph provides for a trust of the residuary estate for the benefit of certain children living at the time of testatrix’ decease. There are seven such children. The pertinent paragraph of this section reads as follows: “At the time the youngest of said children living at my decease attains the age of twenty-one (21) years, or would have attained the age of twenty-one (21) years, I direct my Trustee to pay over, and I give, devise and bequeath the then principal of said…

2Cases cited4 opinions

  1. Kalish v. . KalishNew York Court of Appeals · 1901
  2. In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
  3. In re the Accounting of SchulzNew York Surrogate's Court · 1949
  4. In re the Construction of the Will of BreckeNew York Surrogate's Court · 1948

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