Legal Opinion

In re the Estate of Southmayd

New York Surrogate's Court

Decided January 16, 1925PublishedCited by 1 opinion

1Opinion of the Court

Foley, S.:

On this accounting a construction of the will and codicils is necessary in order to determine to whom certain legacies given under these instruments are to be paid.

The testatrix left a will dated April 8, 1915, a codicil dated May 7, 1915, and a second codicil dated June 20, 1919. These instruments were admitted to probate after a contest. The will contains the following residuary clause:

“ Twenty-fourth. All the rest, residue and remainder of the property and estate of every kind and nature and wheresoever situate which I may own at the time of my death, I give, devise and bequeath…

2Cases cited7 opinions

  1. Riker v. . CornwellNew York Court of Appeals · 1889
  2. Lamb v. . LambNew York Court of Appeals · 1892
  3. In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
  4. In Re the Transfer Tax Upon the Estate of ColeNew York Court of Appeals · 1923
  5. Osburn v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re the Estate of MahlstedtNew York Surrogate's Court · 1931

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