Legal Opinion
In re the Estate of Edwards
New York Surrogate's Court
Decided June 29, 2006Published
1Opinion of the Court
*211OPINION OF THE COURT
John B. Riordan, J.
This petition for construction of a will also requires the construction of two statutes, EPTL 3-3.3 and 3-3.4.
The decedent, Josephine Edwards, died on June 26, 2005 leaving a last will and testament which was duly admitted to probate by a decree of this court.
The will provides in part:
“article second: I hereby give, devise and bequeath all the rest, residue and remainder of my estate, real, personal or mixed, wheresoever situated, whereof I may be seized or possessed or to which I may be in any manner entitled or in which I may be interested at the time…
2Cases cited7 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Enright v. Eli Lilly & Co.New York Court of Appeals · 1991
- Lumpkin v. Department of Social ServicesNew York Court of Appeals · 1978
- Lumpkin v. Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1977
- In Re Estate of MurphyNew York Court of Appeals · 2005
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