Legal Opinion

In re the Estate of Wintringham

New York Surrogate's Court

Decided December 8, 1936PublishedCited by 3 opinions

1Opinion of the Court

Wingate, S.

The contested issue of testamentary interpretation in this proceeding concerns the identity of the alternate remainder-men under two residuary trusts erected by the fifth item of testatrix’s will. The residue was directed to be divided into indicated parts. One-quarter thereof was to be erected into a trust with income payable to Mary B. Warded for life, and one-eighth into a like trust for the fife benefit of Widiam T. Wintringham.

The directions respecting the dispositions of the remainders of these trusts are identical and read: “ And on the death of each of the above dfe…

2Cases cited21 opinions

  1. Tillman v. . DavisNew York Court of Appeals · 1884
  2. Soper v. . BrownNew York Court of Appeals · 1892
  3. In re Brooklyn Trust Co.New York Surrogate's Court · 1929
  4. In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1930
  5. Steinway v. . SteinwayNew York Court of Appeals · 1900

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3Cited by3 opinions

  1. In re the Estate of MontgomeryNew York Surrogate's Court · 1938
  2. In re the Estate of OakleyNew York Surrogate's Court · 1940
  3. Weitzberg v. DubinskyNew York Supreme Court · 1940

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