In re the Estate of Mehler

Wingate, S.

Although statements of alleged facts in briefs, not contained in the record, are inadmissible for any purpose whatsoever, and cannot be considered by the court in reaching an adjudication ([Matter of Larsen, 137 Misc. 271, 272); and further, despite the fact that the only relevant intention of a testator in construing his will is that which exists at the time the document was executed (Matter of McCafferty, 142 Misc. 371, 372; Matter of Sheffer, 139 id. 519, 522; Matter of Lilienthal, Id. 225, 230; Matter of Smallman, 138 id. 889, 896; Matter of Gargiulo, Id. 90, 91; Matter of…