In re the Estate of Van Brunt
New York Surrogate's Court
1Opinion of the Court
Wingate, S.
Consonant with the primary principle of testamentary interpretation that the wish of a decedent in so far as it may be ascertainable from the directions incorporated in his will, is to be effectuated, it has uniformly been decided that questions of preference and abatement are determinable in accordance with the expressed or reasonably inferable desires of the testator. (Matter of Crouse, 244 N. Y. 400, 404; Matter of Morris, 227 id. 141, 144; Matter of Frankenheimer, 195 id. 346; Orton v. Orton, 3 Abb. Ct. App. Dec. 411, 415; Wechsler v. Drey, 203 App. Div. 692; Matter of Lloyd,…
2Cases cited21 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re Brooklyn Trust Co.New York Surrogate's Court · 1929
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1930
- In re the Estate of WeissmannNew York Surrogate's Court · 1930
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3Cited by4 opinions
- In re the Estate of ClarkNew York Surrogate's Court · 1938
- In re the Estate of BattellNew York Surrogate's Court · 1940
- In re the Estate of OakleyNew York Surrogate's Court · 1940
- In re the Estate of MelgoodNew York Surrogate's Court · 1940