Legal Opinion · Dissent
In re the Construction of the Will of Flyer
New York Court of Appeals
Decided January 23, 1969Published
1Dissent
Scileppi, J. (dissenting). I dissent and vote to affirm.
In my view, the result reached by the majority is not only contrary to well-settled law, but completely disregards the plain language of the will.
It is axiomatic that the courts do not have the power — nor is it their function — to remake the will of a testator. Thus, if the language used in the will is clear, precise and unambiguous, there is no problem of construction; rather, there is an obligation of enforcement.
As this court stated in Matter of Bisconti (306 N. Y. 442, 445): “ The application of the rules of construction of wills is…
2Cases cited16 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Holden v. . StrongNew York Court of Appeals · 1889
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