Legal Opinion

In re the Estate of Van Brunt

New York Surrogate's Court

Decided April 20, 1936PublishedCited by 4 opinions

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

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  3. In re Brooklyn Trust Co.New York Surrogate's Court · 1929
  4. In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1930
  5. In re the Estate of WeissmannNew York Surrogate's Court · 1930

16 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re the Estate of ClarkNew York Surrogate's Court · 1938
  2. In re the Estate of BattellNew York Surrogate's Court · 1940
  3. In re the Estate of OakleyNew York Surrogate's Court · 1940
  4. In re the Estate of MelgoodNew York Surrogate's Court · 1940

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API