Legal Opinion

In re the Estate of Tallmadge

New York Surrogate's Court

Decided August 15, 1908Published

Controversy as to construction of will upon final judicial settlement of the account of the executor.

1Opinion of the Court

Myers, S.

The testator lived for many years and died at or shortly after midnight of the 24th day of December, 1901, in the town of Glen, Montgomery county, N. Y., leaving a last will bearing date on the same day. The third and fourth clauses in said will read as follows:

*547“ Third. I give and bequeath to my said wife the income of all real and personal property of which I shall die seized, during the term of her natural life.
“ Fourth. At the death of my wife, I hereby direct my executor, hereinafter named, to divide my remaining estate between my sisters and brothers or their heirs, share and…

2Cases cited2 opinions

  1. Smith v. . EdwardsNew York Court of Appeals · 1882
  2. Fuller v. MartinCourt of Appeals of Kentucky · 1895

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