Legal Opinion

In re the Construction of the Will of Downs

New York Surrogate's Court

Decided October 2, 1958PublishedCited by 3 opinions

1Opinion of the Court

John D. Bennett, S.

This is an application for a construction of the will of the decedent and a direction to the trustee to pay the petitioner, who is the widower of the testatrix, and named as a life beneficiary in a trust comprising one half of the residuary, the sum of $7,000 from the trust principal, or, in the alternative, to invade the trust principal for the petitioner’s benefit to the extent of 'at least $250 a month.

The provisions of the decedent’s will do not explicitly or by inference indicate that the primary purpose of the testatrix was to provide for the support of the petitioner…

2Cases cited5 opinions

  1. In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
  2. In re the Estate of HaydenNew York Surrogate's Court · 1939
  3. In re HiltonAppellate Division of the Supreme Court of the State of New York · 1916
  4. In re the Construction of the Will of LeonardNew York Surrogate's Court · 1957
  5. In re the Accounting of FreuderNew York Surrogate's Court · 1957

3Cited by3 opinions

  1. In re the Accounting of DriscollNew York Surrogate's Court · 1960
  2. In re the Estate of GeierNew York Surrogate's Court · 1961
  3. In re the Estate of RathNew York Surrogate's Court · 1968

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