Legal Opinion

In re Stelter

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 1941Published

1Opinion of the Court

Decree of the Surrogate’s Court, Kings County, construing the last will and testament of John H. Peters, deceased, modified on the law and the facts by inserting the word “ not ” before the word “ expressly ” in the first decretal paragraph,, and as so modified unanimously affirmed, with costs to appellant, payable out *1025of the estate. The only mention of debts contained in the will is found in paragraph “ First,” to the effect that “ after my lawful debts are paid, including funeral expenses.” These formal words are insufficient to charge the payment of debts upon the appellant’s life estate…

2Cases cited2 opinions

  1. Matter of City of RochesterNew York Court of Appeals · 1888
  2. In re RiesAppellate Division of the Supreme Court of the State of New York · 1918

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