Legal Opinion

In re the Estate of Whiting

New York Surrogate's Court

Decided November 3, 1933Published

1Opinion of the Court

Feely, S.

On August 5, 1929, testator, having a wife and three children — all now of age except a son aged fourteen — and having also real and personal property, asked a person unskilled in law to draft a last will and testament for him. This draftsman testified testator said he meant to leave to his widow everything he had. Confining ourselves, however, to the wording of the will itself, it appears that a stationer’s printed blank form was filled out by typewriting into it, after the direction to pay debts and funeral expenses, this paragraph:

“ Second. I give, devise and bequeath all my…

2Cases cited6 opinions

  1. Leggett v. . FirthNew York Court of Appeals · 1892
  2. Keefe v. KeefeNew York Supreme Court · 1929
  3. McLean v. MacdonaldNew York Supreme Court · 1848
  4. Ryder v. . LottNew York Court of Appeals · 1910
  5. Ryder v. LottAppellate Division of the Supreme Court of the State of New York · 1908

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