Opinion

In re the Judicial Settlement of the Account of Proceeding of Bauerdorf

9 Mills Surr. 464
77 Misc. 655
138 N.Y.S. 682

Court: New York Surrogate's Court
Filed: Oct 15, 1912
Status: Published
Author: Cohalan
On the bench: Cohalan
Cited by: 2 cases
Authority: More cited than 69.8%

The opinion

Cohalan, S.

The term “ issue ” in the third paragraph of "the will is used by the testator in a general and unrestricted sense and all the descendants of each of the sisters and the brother are entitled to share equally in such part of the estate as he or she woiild have become entitled to upon surviving the life beneficiary. Drake v. Drake, 134 N. Y. 220 ; Soper v. Brown, 136 id. 244 ; United States Trust Co. v. Tobias, 21 Abb. N. C. 392 . Renotice decree for settlement.

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