In re the Judicial Settlement of the Account of Proceedings of Lehrenkrauss

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Proceedings of Lehrenkrauss

243 A.D. 778

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1935

StatusPublished

This text of 243 A.D. 778 (In re the Judicial Settlement of the Account of Proceedings of Lehrenkrauss) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Judicial Settlement of the Account of Proceedings of Lehrenkrauss, 243 A.D. 778 (N.Y. Ct. App. 1935).

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Opinion

This is a proceeding for the judicial settlement of the account of proceedings of the executors in which the executors requested a construction of one of the provisions of the codicil theretofore probated. Decree of the Surrogate’s Court of Queens county in so far as it involves the construction of the will of the testatrix reversed on the law and the facts, with costs to the appellant, payable out of the estate, and the matter remitted to the Surrogate’s Court to enter a decree accordingly. The clause of the codicil held invalid by the surrogate involves no ambiguity, and the beneficiaries of the trust are sufficiently identified. Lazansky, P. J., Hagarty, Tompkins, Davis and Johnston, JJ., concur.

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This is a proceeding for the judicial settlement of the account of proceedings of the executors in which the executors requested a construction of one of the provisions of the codicil theretofore probated. Decree of the Surrogate’s Court of Queens county in so far as it involves the construction of the will of the testatrix reversed on the law and the facts, with costs to the appellant, payable out of the estate, and the matter remitted to the Surrogate’s Court to enter a decree accordingly. The clause of the codicil held invalid by the surrogate involves no ambiguity, and the beneficiaries of the trust are sufficiently identified. Lazansky, P. J., Hagarty, Tompkins, Davis and Johnston, JJ., concur.

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Bluebook (online)

243 A.D. 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-proceedings-of-lehrenkrauss-nyappdiv-1935.