Legal Opinion

In re the Estate of Walsh

New York Surrogate's Court

Decided December 9, 1929PublishedCited by 3 opinions

1Opinion of the Court

O’Brien, S.

This is an application by Michael J. Walsh, as executor of the will of the above-named testatrix, to have the following clause construed: “ To my brother, Michael J. Walsh, I bequeath my lots at Long Beach # 59-61, on block 59.” At the time of the death of the testatrix she did not own lot No. 59 on said block but did own lots Nos. 60 and 61 on said block. Michael J. Walsh is the sole devisee of all the real estate disposed of by the testatrix in her will and asks this court to construe the will as devising to him lots Nos. 60 and 61 on block 59. Testatrix never owned lot “ # 59 ”…

2Cases cited2 opinions

  1. Patch v. WhiteSupreme Court of the United States · 1886
  2. Gallagher v. QuinlanAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. In re the Estate of GoldsteinAppellate Division of the Supreme Court of the State of New York · 1975
  2. In re the Accounting of FergusonNew York Surrogate's Court · 1949
  3. In re the Will of O'LoughlinNew York Surrogate's Court · 1946

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