In re Construe the Last Will & Testament of Fowles
New York Surrogate's Court
■ Pboceeding for construction of a will, pursuant to chapter 18 of the Code of Civil Procedure.
1Opinion of the Court
Fowler, S.—
This proceeding is instituted, pursuant to chapter 18 of the Code of Civil Procedure now in force, for a construction of the will of Charles Frederick Fowles, deceased. The facts stated in the petition, promoted and filed by Hr, Fowles’ executor, are not controverted, and are, therefore, for present purposes, to be taken as true. The various answers of the parties respondent do not raise issues of fact, but content themselves with recitals of the legal positions or claims of the respective respondents.
On the hearing Hr. Prendergast, the counsel who drafted the will of Hr. Fowles,…
2Cases cited17 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Roe v. . VingutNew York Court of Appeals · 1889
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Pond v. BerghNew York Court of Chancery · 1843
- Mann v. MannNew York Court of Chancery · 1814
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3Cited by10 opinions
- In re the Judicial Settlement of the Account & Proceedings of CatlinNew York Surrogate's Court · 1916
- In re the Estate of KavanaghNew York Surrogate's Court · 1928
- In re the Judicial Settlement of the Estate of MillietteNew York Surrogate's Court · 1924
- In re a Construction of the Last Will & Testament of WeissNew York Surrogate's Court · 1925
- Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934
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