Legal Opinion

In re the Construction of the Will of Benaglia

New York Surrogate's Court

Decided May 5, 1949PublishedCited by 1 opinion

1Opinion of the Court

Collins, S.

There have been admitted to probate five testamentary instruments, the first of which was executed by the decedent on October 18, 1929, and the last on August 6, 1943. In that interval his testamentary plan underwent considerable change and the final version of the plan emerges from the composite of the instruments, with their many revocations, modifi*681cations and substitutions. In an attempt to evolve the plan in definitive form the parties present two questions to the court for determination: first, whether the last instrument, dated August 6, 1943, was intended as a codicil…

2Cases cited9 opinions

  1. Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
  2. Hard v. LeurendusNew York Court of Appeals · 1890
  3. Goodwin v. . CoddingtonNew York Court of Appeals · 1897
  4. Central Union Trust Co. v. TrimbleNew York Court of Appeals · 1930
  5. Bloodgood v. . LewisNew York Court of Appeals · 1913

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3Cited by1 opinion

  1. In re the Estate of PaulNew York Surrogate's Court · 1958

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