Legal Opinion

In re the Estate of Wallerstein

New York Surrogate's Court

Decided March 6, 1962PublishedCited by 1 opinion

1Opinion of the Court

S. Samuel Di Falco, S.

The record in this proceeding to construe the will establishes abundant ground for the finding that the testator intended the term ‘ ‘ the surviving issue of myself and my wife ” to embrace adopted children, as well as natural children. The decedent’s conversations with his wife and son, both before and after the execution of his will, reveal his approval of the adoption of children when there are no natural children and his feeling that they are an integral part of a family. Direct statements of the testator’s intention are not competent to show that the testator used…

2Cases cited4 opinions

  1. In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
  2. In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
  3. In re the Judicial Settlement of the Account of Proceedings of LynnAppellate Division of the Supreme Court of the State of New York · 1941
  4. In re the Estate of LynnNew York Surrogate's Court · 1940

3Cited by1 opinion

  1. In re the Estate of LawrenceNew York Surrogate's Court · 1974

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