Legal Opinion

In re the Construction of the Will of Kalman

New York Surrogate's Court

Decided October 23, 1959Published

1Opinion of the Court

S. Samuel Di Falco, S.

In this. construction proceeding the court has been asked to determine the meaning and effect of two clauses of the testator’s will and for instructions as to the disposition of proceeds resulting from the sale of real property allegedly owned by the decedent in Vienna, Austria.

In the third paragraph of his will the testator stated 1 ‘ I give and bequeath all of my personal effects such as jewelry, books, furnishings, objects of art and the like to my son; Charles Emmerich Kalman, * * #.” It is the contention of the decedent’s son that under this clause he is entitled to…

2Cases cited7 opinions

  1. In re GardnerAppellate Division of the Supreme Court of the State of New York · 1926
  2. In re the Construction of the Will of MaurerNew York Surrogate's Court · 1948
  3. In re the Construction of the Will of MichaelsonNew York Surrogate's Court · 1949
  4. In re the Accounting of CareyNew York Surrogate's Court · 1954
  5. in the Matter of the Construction of the Will of Jesse WinburnNew York Surrogate's Court · 1930

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