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Matter of Gallagher

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1959
7 A.D.2d 1029 (N.Y. App. Div. 1959)

Opinion

March 30, 1959

Present — Nolan, P.J., Beldock, Murphy, Ughetta and Hallinan, JJ.


In a proceeding for the settlement of the account of the executors under the last will and testament of decedent, separate appeals are taken by Beatrice Gallagher, the widow of decedent, and by the special guardian of his five infant children from a decree of the Surrogate's Court, Kings County, construing the will, insofar as such decree determines that a trust set forth in paragraph "Second" of the will is valid, that the will confers on the trustees a valid discretionary power to sell both real and personal property, that the widow's election to take her intestate share does not destroy the remainder of the trust provided for the infant children, and that it is not necessary to determine whether the remainders are vested or contingent. Decree insofar as appealed from unanimously affirmed, with costs to the special guardian and executors, payable out of the estate. No opinion. Appeal by Beatrice Gallagher dismissed, without costs. She is not a party aggrieved by the provisions of the decree appealed from.


Summaries of

Matter of Gallagher

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1959
7 A.D.2d 1029 (N.Y. App. Div. 1959)
Case details for

Matter of Gallagher

Case Details

Full title:In the Matter of the Accounting of BEATRICE GALLAGHER et al., as Executors…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 30, 1959

Citations

7 A.D.2d 1029 (N.Y. App. Div. 1959)