Legal Opinion

In re the Construction of the Will of Grantham

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1951PublishedCited by 1 opinion

1Opinion of the Court

*659Paragraph “Third” of the will does not describe or refer to any property which is to be given nor does it mention or describe who is to receive it. Whatever the intention of the testatrix may have been she has failed to express it. Adel, Sneed, Wenzel and Mac Crate, JJ., concur; Johnston, Acting P. J., concurs in the dismissal of the appeal from the decree entered April 19, 1951, but dissents from the modification of the decree entered December 29, 1950, and votes to affirm. (Matter of Selner, 261 App. Div. 618, affd. 287 N. Y. 664; Masterson V. Townshend, 123 N. Y. 458.)

2Cases cited3 opinions

  1. Masterson v. . TownshendNew York Court of Appeals · 1890
  2. In re SelnerAppellate Division of the Supreme Court of the State of New York · 1941
  3. In Re the Will of SelnerNew York Court of Appeals · 1941

3Cited by1 opinion

  1. In re the Estate of AndersonNew York Surrogate's Court · 1960