MATTER OF FITZPATRICK


21 A.D.2d 946 (1964)

In the Matter of The Estate of Thomas S. Fitzpatrick, Deceased. Raymond S. Fitzpatrick et al., Appellants; Peter N. McCrank et al., as Executors of Thomas S. Fitzpatrick, Deceased, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1964


GIBSON, P. J.

By his will, decedent gave to his sister and brothers, naming them, "equal shares of remaining assets as my survivors." The sister survived testator but the brothers predeceased him, leaving children who claim their fathers' supposed shares by virtue of section 29 of the Decedent Estate Law. Absent the words of survivorship, it would have to be held that the gift was not to a class and that the shares of the predeceased legatees would, under...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases